Quantcast
Home (page 10)

Tag Archives: Real Property

Real Property – Condemnation – Civil Practice – Just Compensation – Defense vs. Counterclaim – Voluntary Dismissal – Res Judicata (access required)

State v. Smith In a condemnation case, a “request” that the court “determine just compensation” is not a counterclaim. Department of Transportation v. Combs, 71 N.C. App. 372, 322 S.E.2d 602 (1984). Therefore, when defendants voluntarily dismissed their just compensation claim, this constituted an acknowledgment of satisfaction with the amount deposited by the state as being full and just compensation.

Read More »

Consumer Protection – ‘Improper Fees’ – Civil Practice – Statute of Limitations – Putative Class Action (access required)

Delebreau v. Bayview Loan Servicing LLC A West Virginia consumer credit statute’s one-year statute of limitations, which runs from the “due date of the last scheduled payment of the agreement,” started on the date the lender accelerated the borrower’s mortgage loan, not on the 2030 loan maturity date designated in the loan documents, and the 4th Circuit upholds the district court’s dismissal of the putative class claim under W.Va. Code § 46A-1-101.

Read More »

Tort/Negligence – Professional Liability – Real Property – Appraiser – Indirect Reliance – Attorneys – Revenue Stamps Amount – Developer — Breach of Contract – Fraud (access required)

Anderson v. Coastal Communities at Ocean Ridge Plantation, Inc. Where the plaintiff-buyers alleged, at most, that they relied on the bank’s acceptance of an appraisal report in making their decisions to buy property from the defendant-developers, such indirect reliance is insufficient to state a professional negligence claim against the defendant-appraisers.

Read More »

Real Property – Restrictive Covenants – Right to Enforce — Neighbors – Carport – Permissible Auxiliary Structure – Definition of Home – Writ of Mandamus (access required)

Sanford v. Williams Where a man’s neighbors constructed a carport in violation of their subdivision’s 1969 covenants, the man had the right to enforce those covenants. This is true, even when both the man and his neighbors were not original grantees of the developer, but subsequent purchasers, so long as they were provided notice at purchase of the covenants in place.

Read More »

Contract – Real Property – Lien – Construction Project – Agency (access required)

Young & McQueen Grading Co. v. Mar-Comm & Associates, Inc. It doesn’t matter that the plaintiff-contractor dealt with two entities – Mar-Comm & Associates, Inc. (the actual property owner) and Mar-Comm & Associates of North Carolina, LLC – with regard to a construction project since Mar-Comm of NC was acting as Mar-Comm’s agent.

Read More »

Insurance – Fire – Application Misrepresentations – Inspection Results – Real Property – Mortgages – First Impression – Bank as Mortgagee & Loss Payee (access required)

Colony Insurance Co. v. Peterson A separate agreement existed between the plaintiff-insurer and the defendant-bank as a mortgagee. Accordingly, even if the insurer may rescind its policy with the property owner (and thus the bank as a loss payee) pursuant to G.S. § 58-3-10 due to material misrepresentations in the insurance application, the bank’s rights as a mortgagee would survive.

Read More »

Antitrust – Real Property – Multiple Listing Services – Anti-Competitive Bylaws – Putative Class Actions (access required)

Robertson v. Sea Pines Real Estate Companies Inc. The 4th Circuit says plaintiff buyers of real estate brokerage services in South Carolina have stated an antitrust claim under the Sherman Act, 15 U.S.C. § 1, with allegations that defendant brokerages that serve as board members of the local multiple listing service conspired to unfairly restrain market competition.

Read More »