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E-470 Public Highway Authority v. Argus Real Estate Partners Inc.
Contingent conveyance of property violated the rule against perpetuities.
Real Property Mar. 19, 2002
Arizona Dept. of Revenue v. Arizona Outdoor Advertisers
Billboards are not fixtures, and income derived from renting them may not be taxed as income derived from real property.
Real Property Mar. 8, 2002
Danekas v. San Francisco Residential Rent Stabilization & Arbitration Board
Regulation prohibiting eviction, in some cases, of tenant who replaces cotenant is valid exercise of rent control board's authority.
Real Property Mar. 8, 2002
City of Englewood v. Denver Waste Transfer LLC
Government approval to use parcel of property for industrial use may be considered by condemnation commission.
Real Property Mar. 7, 2002
Hill v. Cox
Seller of land is liable for logging trees within boundaries prohibited by real estate contract.
Real Property Mar. 6, 2002
Schreck v. T. & C. Sanderson Farms Inc.
Purchase option in lease was sufficiently definite to create enforceable sales contract.
Real Property Feb. 28, 2002
Dubin v. Robert Newhall Chesebrough Trust
Court erred in sustaining demurrer when plaintiff adequately pleaded facts supporting theory of easement appurtenant by implication.
Real Property Feb. 27, 2002
Roaring Fork Club v. St. Jude's Co.
Unilateral alterations in ditch easements are permissible where alterations aren't harmful and permission from court is obtained in advance.
Real Property Feb. 22, 2002
Lewitz v. Forath Family Trust
Easement appurtenant to property runs with conveyance of property.
Real Property Feb. 20, 2002
Redevelopment Agency of the City of Chula Vista v. Rados Bros.
Acquisition of property for redevelopment of blighted area is a public use.
Real Property Feb. 20, 2002
Commonwealth of the Northern Mariana Islands v. United States
Commonwealth of Northern Mariana Islands should be treated as state for purposes of Quiet Title Act.
Real Property Feb. 19, 2002
Vu, Inc. v. Pacific Ocean Marketplace, Inc.
Oral agreement relating to exclusive use of property is unenforceable where it is omitted from lease agreement.
Real Property Feb. 19, 2002
Lewis v. Columbus Investments
Beneficiary of deed of trust is entitled to notice of tax sale.
Real Property Feb. 11, 2002
Action Apartment Assn. v. Santa Monica Rent Control Board
Landlords forced to pay interest on security deposits from own funds may have action for unlawful taking.
Real Property Feb. 11, 2002
Beach v. Beach
Owner of life estate entitled to seek partition of property interest.Colorado Court of Appeals.
Real Property Feb. 5, 2002
Woodman Partners v. Sofa U Love
Lease provision permits commercial landlord who accepted partial payment of outstanding rent to bring subsequent action for unlawful detainer.
Real Property Feb. 1, 2002
Lombard Acceptance Corp. v. Town of San Anselmo
Town is not immune from liability for water damage caused after discharge through water pipe that it neither owned nor controlled.
Real Property Feb. 1, 2002
Lu v. King County
County is not required to decide whether conditional land use permit is necessary for proposed mining project.
Real Property Jan. 30, 2002
U.S. v. 16328 South 43rd East Avenue
Innocent owner defense not available to property owner who failed to inspect for marijuana plants upon suspicion of growth
Real Property Jan. 14, 2002
City of Boulder v. Fowler Irrevocable Trust 1992-!
Value of property for condemnation purposes cannot be reduced as result of project for which condemnation is required.
Real Property Jan. 9, 2002
Stokes v. Polley
Spouse who obtained one-half interest in real property upon divorce is only entitled to monetary award.
Real Property Jan. 8, 2002
Mabry v. Tom Stanger & Co.
Broker not entitled to real estate commission where fiduciary duty owed to sellers is breached.
Real Property Jan. 7, 2002
McKenzie v. Pope
Adverse possession period may be interrupted by grant of permission to use property.
Real Property Jan. 7, 2002
Regional Transportation District v. Outdoor Systems
Regional Transportation District didn't violate its assurances to federal government that it would comply with land acquisition laws.
Real Property Jan. 7, 2002
People ex rel. Dept. of Transportation v. Woodson
Property owners should have received litigation expenses where Caltrans' final offer in eminent domain action was unreasonable.
Real Property Dec. 18, 2001
Mann v. Household Finance Corp.
Bank holding senior deed of trust was entitled to purchase property at trustee's sale.
Real Property Dec. 11, 2001
Jones v. County of Coconino
Moving hay trailers to different location on property is a prohibited extension or enlargement of legal nonconforming use.
Real Property Dec. 7, 2001
In re Real Property Located at 22 Santa Barbara Drive
Government did not owe property owners damages for unconstitutional seizure of their home before judgment of forfeiture was made.
Real Property Nov. 29, 2001
Leisnoi Inc. v. United States
District court had jurisdiction to hear quiet title action to remove cloud on title of native village corporation.
Real Property Nov. 29, 2001
Irvin Water District No. 6 v. Jackson Partnership
Water district may increase fees before customer formally applied for services and paid for them.
Real Property Nov. 19, 2001