Viewing 1 to 8 of 22 items
Archive | Title Insurance Claims Group RSS feed for this section

Analyzing Adverse Possession Laws and Cases of the States East of the Mississippi River

By Adam Leitman Bailey and Matthew Eichel January/February 2016 Vol. 30 No. 1   The doctrine of adverse possession, under which a party can obtain title to real property owned by another, is surprisingly uniform throughout the eastern portion of the United States despite being a state law concept. The basic elements a party must  Full Article…

0

Analyzing Adverse Possession Laws and Cases of the States East of the Mississippi River: American Land Title Association

The basic elements a party must demonstrate to successfully claim adverse possession are essentially the same throughout these states. One must show by clear and convincing evidence that he or she has actually and exclusively possessed the land in an open, notorious, continuous, and hostile/adverse manner under claim of right for the statutory period. Where  Full Article…

0

Analyzing Easement Laws and Cases in the States East of the Mississippi River

January/February 2017 Vol. 31 No. 1 By Adam Leitman Bailey and Israel Katz   This article analyzes the laws of easements in the 26 states that lie east of the Mississippi River, including the various methods for their creation, their nature, and scope. In researching and writing this article, the authors limited their research to  Full Article…

0

A Practitioner’s Guide to Understanding Interest

April 12th, 2017 While prohibited in some religious traditions,1 interest is one of the most pervasive concepts in the American economy. Seemingly simple on its surface, it presents a bewildering amount of complexity as soon as one digs into its legal implications. Real Estate practitioners must know the rules of interest when negotiating a mortgage  Full Article…

0

The Most Significant Title and Foreclosure Cases of 2015

October 14, 2015 By Adam Leitman Bailey and Dov Treiman Since one author, Adam Leitman Bailey, started practicing law 20 years ago, when a terrible court decision without any basis in law would arrive, we would be thankful that the Court of Appeals was in session and had the final word. Those days are gone  Full Article…

0

Analyzing Adverse Possession Laws and Cases of the States East of the Mississippi River

January/February 2016 Vol. 30 No. 1   The doctrine of adverse possession, under which a party can obtain title to real property owned by another, is surprisingly uniform throughout the eastern portion of the United States despite being a state law concept. The basic elements a party must demonstrate to successfully claim adverse possession are  Full Article…

0

Discharge of Ancient Mortgages in New York

Title Insurance companies are under attack by governmental officials. Few other real estate businesses suffer the unjustified, frequent assaults by government officials like the title insurance profession. The difficulty in understanding their function and underestimating their necessity for the safe transfer of real estate requires real estate practitioner’s to raise their pens to protect our  Full Article…

0