News & Analysis as of

Property Ownership

Gray Reed

Texas Partition Suit Botched by Failure to Include an Owner

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When one tires of owning real estate with his co-owners, Texas law allows him the right to sue for partition of the property. In James et al v. Thornberry, 59.79 acres in Walker County, Texas, was owned by Ms. James and Mr....more

Weber Gallagher Simpson Stapleton Fires &...

Flea Market Flip

I start this blog post with a confession. I am a collector. I collect all sorts of things, vintage wristwatches, fountain pens, 1940’s Hall refrigerator ware, vinyl records, and probably a few other things I can’t think of...more

Bowditch & Dewey

Is Your Close Corporation’s Real Estate Safe from Shareholder Claims of Ownership by Adverse Possession?

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In a case of first impression, the Land Court decided that shareholders of Massachusetts close corporations may acquire corporate real estate by adverse possession. In Szawlowski v. Szawlowski Realty, Inc., the Court...more

Saiber LLC

Planning for the Transfer of the Family Vacation Home

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Your family’s vacation home is more than just a property. It is where your family has created memories to cherish for generations. Deciding how to pass down such a meaningful asset can be an emotional decision, but it...more

Freiberger Haber LLP

Individual Membership Interests In An LLC Does Not Equate to Individual Ownership Interest In Real Property Owned By The LLC For...

Freiberger Haber LLP on

Partition is “the act or proceeding by which co-owners of property cause it to be divided into as many shares as there are owners, according to their interests therein, or if that cannot be equitably done, to be sold for the...more

Winstead PC

Court Affirmed A Judgment For An Estate Because The Personal Representative Participated In The Case

Winstead PC on

In Charles v. Est. of Kornbacher, the estate sued a defendant regarding the ownership of real property. No. 01-23-00125-CV, 2024 Tex. App. LEXIS 2947 (Tex. App.—Houston [1st Dist.] April 30, 2024, no pet. history)....more

Bowditch & Dewey

Familiarize Yourself with Rule 411 – Automatic Restraining Order

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Every divorce matter in Massachusetts subjects both parties to Probate and Family Court Supplemental Rule 411, entitled “Automatic Restraining Order.” Rule 411 provides that neither party “shall sell, transfer, encumber,...more

Oliva Gibbs LLP

Bona Fide Victory: How a “Void” Deed Can Confer BFP Status in New Mexico

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In Koch v. David Fam. Oil & Gas Ints. P’Ship, the Court of Appeals of New Mexico held that the grantee in a deed of distribution executed by the foreign personal representative of an estate can be a bona fide purchaser in the...more

Holland & Knight LLP

Florida Department of Commerce Issues Last Proposed Rules on High-Profile Property Law

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In May 2023, Florida became among the first states to limit select persons from "foreign countries of concern" from directly or indirectly owning, having a controlling interest in or acquiring an interest in Florida real...more

Bowditch & Dewey

Top Considerations When Preparing to Sell a Company

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Have you received an offer to buy your company? Congratulations! But there is work ahead. The first step is to understand the specific deal structure, be it an asset sale, equity sale or merger. The owners should also work...more

Greenbaum, Rowe, Smith & Davis LLP

NJ Appellate Division Rules that Municipal Ordinance Restricting Ownership to Individuals Over 55 Violates Fair Housing Act and NJ...

On July 31, 2024, the New Jersey Appellate Division issued its ruling in New Jersey REALTORS® v. Township of Berkeley, upholding a trial court’s decision invalidating a municipal ordinance requiring that the owners of units...more

Tonkon Torp LLP

Family Owned Real Estate: Legal Challenges & Opportunities

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Tonkon Torp business attorney Mick Harris moderates a conversation between Tonkon Torp real estate attorney David Petersen and special guest Jackson Lewis of Northwest Trustee & Management Services. The conversation focuses...more

Bricker Graydon LLP

Considerations for School Districts When Acquiring or Disposing of Real Property

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School districts in Ohio own real property for a variety of reasons including proximity to or for use as school facilities. Useful real estate for school districts does not always come with substitutes. ...more

Winthrop & Weinstine, P.A.

Estate Planning and Transfer on Death Deeds: New Insurance Warnings beginning August 1

A new Minnesota law comes into effect on August 1, 2024, which flags the importance of addressing insurance coverage within your estate plan, especially if your plan utilizes transfer on death deeds. A transfer on death deed...more

Winstead PC

Court Construed Holographic Will To Devise Certain Property To A Granddaughter

Winstead PC on

In In re Estate of Martinez, a son appealed an order finding that his mother’s holographic will devised certain property to his daughter. No. 04-22-00708-CV, 2024 Tex. App. LEXIS 1258 (Tex. App.—San Antonio February 21, 2024,...more

Ward and Smith, P.A.

The Toils of Heirs Property and Agriculture in North Carolina

Ward and Smith, P.A. on

The farmland of North Carolina cradles not only agricultural abundance but also a significant legal challenge: heirs property (also commonly known as "heirs' property" or "heir property"). This designation arises when land...more

DarrowEverett LLP

Adverse Possession in a Closely Held Company? ‘Stash’ This One Away

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Imagine for a moment that you’re a shareholder in a closely held corporation. In most jurisdictions, that status as a shareholder obligates you to a heightened fiduciary duty to your fellow shareholders. Now imagine that your...more

McGuireWoods LLP

Once Removed Episode 21: Passing Down the “Family Cottage” or Other Legacy Property

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As we have discussed on this podcast, legacy planning is not just about transferring money. It’s also about transferring values and relationships. And often the transfer of specific property goes hand-in-hand with the...more

Bennett Jones LLP

Can your Neighbour Expropriate your Land? (A Consideration of Remedies for Trespass)

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"This Court accepts that it is very harsh for an owner of land to be forcibly compelled to sell land that they have no desire or wish to sell—this amounts to a private expropriation. This Court also accepts that it is very...more

Fox Rothschild LLP

Getting Divorced & Selling the House: WATCHOUT!

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Early in this writer’s career lawyers used to have to be careful about possible capital gains tax on the sale of a personal residence. Before 1997 the exclusion was $125,000 per spouse and $250,000 if the taxpayers filed...more

Newburn Law

The Death of the Acreage Dedication?

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Acreage dedications in midstream oil and gas contracts have been subject to considerable scrutiny and legal debate in recent years. This article provides an overview of the current state of acreage dedications, examining key...more

Snell & Wilmer

Property Owned by Non-Indians and Located on Tribal Land Is Subject to Property Tax

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Generally, tribal lands held in trust by the federal government are exempt from state and local taxation under Section 5 of the Indian Reorganization Act of 1934 (the Act). However, when non-Indians are involved in ownership...more

Fox Rothschild LLP

We Don’t Like Each Other But Can’t Afford to End it.

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There are some fascinating topics related to divorce swimming out there in the electronic world. And one we just saw is a new phenomenon where couples are deciding it’s over in every sense except the official one called...more

Sheppard Mullin Richter & Hampton LLP

FinCEN Proposes New Rule to Deter Money Laundering in the Residential Real Estate Sector

On February 7, 2024, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued a Notice of Proposed Rulemaking (the “Proposed Rule”) designed to combat and deter money laundering in the U.S....more

Houston Harbaugh, P.C.

The Neale Rule – Who Really Owns the Oil and Gas Under Railroads?

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Since the early 1900’s, your family has owned a 105 acre farm in Greene County, Pennsylvania. In 2024, you and your siblings sign an oil and gas lease with XYZ Drilling Company. The language in the lease states that it...more

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