108 results for 'cat:"Property" AND cat:"Real Estate"'.
J. Berkenkotter finds the "centerline presumption," which grants title to the middle of a roadway in cases where a property owner grants a conveyance abutting a highway or street, also applies to the mineral rights underneath the roadway, so long as the conveyance includes no language to specifically exclude mineral rights. However, the lower court erroneously conditioned the application of the rule on whether a property owner retained ownership of at least a portion of the land that abuts the roadway because it effectively nullifies the rule. Therefore, the current owners of the property at issue in this case have sole ownership of both surface and mineral rights of the roadway following the developer's conveyance. Affirmed in part.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: May 6, 2024, Case #: 2024CO28, Categories: property, real Estate
J. Rodriguez mostly adopts a magistrate judge’s recommendations and grants a loan company’s motion for summary and default judgment after it was sued by a homeowner seeking to stop a foreclosure. That company, which countersued to quiet title, is the valid owner of the property and is “authorized to enforce the power of sale through foreclosure.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: April 24, 2024, Case #: 5:22cv1234, NOS: Foreclosure - Real Property, Categories: property, real Estate, Foreclosure
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J. Hanni finds the trial court erroneously granted the landowners' motion for partial summary judgment. This court's previous remand order required the owners prove damages stemming from the natural gas company's failure to follow certain title notice procedures - a burden they failed to meet. Reversed.
Court: Ohio Court Of Appeals, Judge: Hanni, Filed On: April 16, 2024, Case #: 2024-Ohio-1436, Categories: Evidence, property, real Estate
J. Thumma finds a lower court properly dismissed a homesite community's contract claims against a subdivision. The homesite community argued that it was not obligated to pay for certain lots. However, the subdivision sufficiently showed in court that the parties' agreement enforced the homesite community to pay for lots until 2027, and that it is on the hook for proportional attorney's fees. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Thumma, Filed On: April 9, 2024, Case #: 1 CA-CV 22-712, Categories: property, real Estate, Damages
J. Logue finds the trial court did not err in awarding final judgment to the real estate company in a dispute with the investment firm over ownership rights to two properties involving allegedly fraudulent actions by an individual who worked for both entities. In part because the company has proven it paid to purchase the two properties at issue and the firm cannot prove it paid to purchase the properties or that any entity with authority to do so transferred the properties' titles to it, the trial court properly found the company had proven it had the superior claim to the titles and found in its favor on its quiet title and recission claims. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: April 3, 2024, Case #: 23-0695, Categories: property, real Estate
J. Reyes Jr. rules against a Florida resident’s fraud complaint alleging her nephew misappropriated her $500,000 investment in a real estate property, finding her claims untimely.
Court: USDC Eastern District of New York, Judge: Reyes, Filed On: March 29, 2024, Case #: 1:19cv6202, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, property, real Estate
J. Smith finds that the lower court properly granted the city's request for a temporary injunction in this suit regarding the appellants' business operations and the validity of the certificate of occupancy. Contrary to the appellants' argument, the city was "not required to raise the matter with the board of adjustment" prior to filing suit. Also, there was evidence that the "use of the property" had changed without a new certificate of occupancy. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: March 29, 2024, Case #: 05-23-00496-CV, Categories: Municipal Law, property, real Estate
J. Mendheim finds the probate court properly ruled when denying an individual’s appeal to retrieve land he bought at a tax sale after the original owner petitioned to get the land back by redeeming the property. The individual's argument that he was not properly served with the redemption petition lacks merit. Affirmed in part.
Court: Alabama Supreme Court, Judge: Mendheim, Filed On: March 22, 2024, Case #: SC-2023-0445, Categories: property, real Estate, Choice Of Law
[Consolidated.] J. Mitchell affirms the circuit court's ruling that the county overvalued the property at a petrochemical plant when it assessed property taxes. The evidence supports the finding that the county's appraisals did not accurately reflect the property's fair market value. Affirmed.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: March 22, 2024, Case #: SC-2023-0183, Categories: property, real Estate, Tax
J. Hodgens upholds the denial of a property owner’s motion to dismiss a real estate company’s complaint, in which the company seeks enforcement of its right of first refusal to purchase the owner’s property. The owner failed to demonstrate that the company’s claim was frivolous. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Hodgens, Filed On: March 20, 2024, Case #: 22-P-1139, Categories: property, real Estate
J. Penzato finds the lower court properly found in favor of Hope Holdings in this matter concerning property ownership. Two companies contend they own the same two pieces of real estate. The lower court found that one company established that they were the rightful owner of the real estate despite the other company possessing the land prior to trial. The instant court finds no error with the lower court’s findings. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: March 13, 2024, Case #: 2023CA0922, Categories: property, real Estate
J. Wolson grants an online auction site’s motion to dismiss a real estate company’s claim that it encountered a chamber of horrors after buying a property subject to a senior lien. The company bought the property without a warranty, subject to terms of service with the site, and thus cannot maintain a claim for failing to disclose that someone held a lien on the property.
Court: USDC Eastern District of Pennsylvania, Judge: Wolson, Filed On: March 11, 2024, Case #: 2:23cv2518, NOS: Other Fraud - Torts - Personal Property, Categories: property, real Estate, Warranty
J. Westbrook finds the lower court erroneously granted the property owner's motion for summary judgment on adverse possession claims brought by the neighbors. Genuine issues of material fact existed regarding whether the neighbors could establish the 15-year period of exclusive use necessary to prove their claims. The neighbors used the piece of land at issue exclusively for eight years, but because the previous owners had used it since 1961, they could prove all necessary elements of adverse possession if privity existed between the sets of owners. Therefore, the case must be remanded to allow the neighbors to provide proof there was an implied conveyance of the land when they acquired it. Reversed.
Court: Connecticut Court Of Appeals, Judge: Westbrook, Filed On: March 1, 2024, Case #: AC45508, Categories: property, real Estate
J. Soto finds a lower court did not err in its handling of a property dispute between two companies. One company raised a number of issues with a temporary injunction from the lower court, which prevented it from foreclosing on a lien and the other company from selling the property, but the company cannot show how the lower court abused its discretion. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: February 29, 2024, Case #: 08-23-00157-CV, Categories: property, real Estate
J. Sheldon finds the lower court properly granted the owners association's motion for summary judgment. The property owners failed to prove they had exclusive use of easements that abutted their shoreline properties. Although the deeds to the properties include limitations on the easements, the entity that transferred ownership to the owners association did not abandon all rights, while the property owners also failed to prove adverse possession. The vegetation on the strips of land was wild growth, not the type of maintained landscaping that would have allowed them to assert independent ownership. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Sheldon, Filed On: February 23, 2024, Case #: AC45974, Categories: Evidence, property, real Estate
J. Alley finds a lower court did not err in granting summary judgment to a title company that sued a seller to recoup expenses after it said the seller sold a property without paying off an existing lien. On appeal, the seller has disputed an affidavit from the president of the title company describing how it resolved that lien, but this is “the first time” the seller has raised this issue and he did not adequately preserve error for review. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: February 20, 2024, Case #: 08-23-00135-CV, Categories: property, real Estate, Contract
J. McHugh grants in part a real estate services firm’s motion to dismiss a consumer’s suit alleging that, in the transfer of title for a property the man purchased, it charged him substantially more for notary services than Pennsylvania law allows. Pennsylvania’s notary law does not create a private right of action, so he fails to make a statutory claim.
Court: USDC Eastern District of Pennsylvania, Judge: McHugh, Filed On: February 15, 2024, Case #: 2:23cv3628, NOS: Other Contract - Contract, Categories: property, real Estate, Consumer Law
J. Mollway grants summary judgment to Hawaii and its land use commission, determining that its conversion of a parcel of land back to agricultural from urban use did not constitute a taking from the land developer, who did not build affordable housing on the land as it had promised for decades. The developer has no standing as it had transferred its interest in the property.
Court: USDC Hawaii, Judge: Mollway, Filed On: February 12, 2024, Case #: 1:17cv113, NOS: All Other Real Property - Real Property, Categories: property, real Estate, Zoning
J. Abele finds the lower court properly granted the neighbors' motion for summary judgment in a property dispute. The language in the easement shared with the property owner is unambiguous and allows only for an initial 30-foot wide strip of land to be used for access to a county road, not a 30-foot strip along the entire boundary of the neighbors' land. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: February 8, 2024, Case #: 2024-Ohio-521, Categories: Evidence, property, real Estate
Bishop finds the district court properly granted a son and his wife's motion for summary judgment in a property dispute precipitated by the father's death and will interpretation, which led to siblings' filing an action to partition parcels of property, terminate severed mineral interests and quiet title involving a half-interest the mother sold to the son. There is no genuine issue of material fact regarding the siblings' claim of undue influence. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 6, 2024, Case #: A-23-172, Categories: property, real Estate, Wills / Probate
J. Niemeyer finds the lower court improperly abstained from ruling on the federal constitutional claims. Two landowners sought to challenge a new West Virginia law that authorized the combining of separately owned mineral tracts to form a single operating unit overlapping all or part of a common source of oil or gas, claiming the statute constitutes a taking of their property and deprives them of property without due process of law, in violation of the Fifth and Fourteenth Amendments. The lower court abstained, claiming the case would be better litigated in state courts. According to the lower court, the West Virginia constitutional provision is not ‘broad and sweeping’ but is directly pertinent to the issues presented in this case. The lower court did not identify the West Virginia constitutional provision that it had in mind, nor did it identify any state law issue on which the commission’s motion to dismiss the federal constitutional claims would turn. Reversed.
Court: 4th Circuit, Judge: Niemeyer, Filed On: January 31, 2024, Case #: 22-2271, Categories: Energy, property, real Estate