Category Archives: Real Estate & Property Law

Friday Takings Fun: More Knick Memes

From Reno, Nevada colleague Steve Silva, comes this contribution to our growing collection of Knick/Williamson County-related memes. Congratulations if you get this without having to do research. If so, you are a True Takings Nerd (and a nerd generally). For those of you who are not quite getting it, here is the breakdown: In our view, last week's oral argument in Knick revealed that a majority of the Justices don't seem to get the difference between an inverse condemnation lawsuit by a property owner, and an affirmative exercise of the condemnation power by a state or local government. The meme (known as "is this a pigeon" according to this definitive site), " is a memorable quote said by the protagonist character from the 1990s Japanese anime TV series The Brave Fighter of Sun Fighbird in a scene wherein the humanoid character erroneously identifies a butterfly as a pigeon. On Tumblr, the quote, along with a reaction image of the scene featuring the….. To continue reading this legal news please click Read full information...

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A noisy appeal

Curo Places Ltd v Walker [2018] EWHC 2462 (QB) This was Curo Places appeal of a Circuit Judge’s dismissal of its possession claim against Ms Walker. Ms W had a six year fixed term assured tenancy of a flat from Curo Places. Soon after the tenancy started, Ms W’s neighbour  in the downstairs flat began complaining about noise coming from Ms W’s flat. Curo served a notice seeking possession on grounds 12 and 14 Schedule 2 Housing Act 1988 – both on the noise nuisance. These are both discretionary grounds, but where ground 14 is made out, then, through s.9A, the court must consider in particular the effect the nuisance or annoyance has on other persons, any continuing effect it is likely to have on such other persons and the effect it would be likely to have on such persons if it was repeated. In the possession proceedings, the particulars of claim set out an extensive set of about 150 separate allegations of noise caused by Ms Walker in her flat….. To continue reading this legal news please click Read full information...

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Who can complain of statutory nuisance?

The question in the rather wonderfully titled Watkins v Aged Merchant Seamen’s Homes & Anor (2018) EWHC 2410 (Admin) was whether a former licensee who remained in occupation after a possession order could bring a complaint of statutory nuisance under Environmental Protection Act 1990 and ‘prove’ the condition of the property at the time of the hearing in the Magistrates Court. There are all sorts of things flying about in the background of this judgment, including off stage judicial review proceedings, but the key issue is what sort of status an occupier has to have to bring (and continue)  an EPA 1990 prosecution. There is clearly a lot of other things going on with the facts in this matter, including ongoing judicial review proceedings as to the status of Ms Watkins’ occupation – a licence or a tenancy – but this is an outline of the relevant facts for the issues. Ms W occupied an almshouse owned by the respondent charity. For….. To continue reading this legal news please click Read full information...

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Our Bucks County Verdict Is Now Final

I tried a case in Bucks County, PA involving a condemnation by the Pennsylvania Turnpike Commission.  PennDOT claim the property was worth $850,000. We presented evidence that the property was worth $2,300,000.  The Jury returned a verdict of $2,300,000 – the full amount we alleged. Unfortunately, the Turnpike chose to appeal the verdict to the Commonwealth Court. The Court affirmed that verdict. The RDA filed a petition asking the PA Supreme Court to hear it’s appealed. The Court denied that petition. So, the matter is now formally over and our judgment is final... To continue reading this legal news please click Read full information...

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Common Estate Planning Mistakes

Estate planning is very important. However, most people are quite unaware of the processes involved and how to go about it in general. It’s understandable though, as people don’t like to think about their own death and what would happen to their families after that.   However, estate planning is really one of the most important financial and legal tasks that have to be taken care of while you are alive and well. By having your wishes formalized this way, you can be assured that asset distribution after your death will go smoothly without any contests between beneficiaries.   Since most people know so little about estate planning, there are quite a number of common mistakes they make. So, to help you out, here are the most common estate planning mistakes. Recognize them, understand them, and avoid them. They will help you save a ton of money on unnecessary estate taxes as well as probate fees.   Thinking only the wealthy need an estate plan The first….. To continue reading this legal news please click Read full information...

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