Real Estate

Impact Fees
ABC Construction Corp. sought a permit to begin construction of 25 residences in the Southwell Hills Community, located in the County of Rockland. The development is situated in a neighborhood full of older houses. The local government authority conditioned the issuance of its building permit upon payment by ABC of certain impact fees. More...
Eminent Domain and the Public Use Doctrine
Eminent domain refers to the power of a government entity to take private property. The power can be used by the federal government in the name of a federal agency or a branch of the military services. A state, county, city, village, or town can also use the power of eminent domain to take private property on its own behalf or on behalf of an agency of a governmental entity. In all cases, the governmental entity may only exercise the power of eminent domain, also called condemnation, if it needs the private property for a public use. More...
Resolution of Disputes with Interstate Household Goods Carriers
When a customer contracts with a mover to transport household goods across state lines, federal law requires that the mover's contract include a provision for arbitration as a method of resolving any disputes that arise. Although the arbitration provision is required, the customer may resort to the court system and is not obligated to first go through the arbitration process. More...
The Rule against Perpetuities
The Rule against Perpetuities: No future interest is valid unless it can be shown that it will necessarily vest, if at all, no later than 21 years after some life in being at the creation of the interest. More...
Foreclosure and Redemption of Residential Purchase-Money Mortgages
Typically, a purchaser of residential real estate pays for the property with funds that are obtained from a lender, called the mortgagee, through a mortgage transaction. In exchange for the funds, the purchaser, called the mortgagor, promises to repay the funds and gives the mortgagee a security interest in the property to secure the repayment. In the event that the mortgagor does not repay the funds as required by the mortgage document or is otherwise in default, the mortgagee may foreclose on the mortgage. More...

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