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  • Houk v. Wischerman

    Publication Date: 2020-06-22
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0512

    Plaintiff was entitled to the partition of certain property she held with defendant as tenants in common where the parties could no longer continue to own the property jointly, but plaintiff had assumed all payments to maintain the property while defendant stop contributingdespite living therein. The court granted plaintiff's request to partition.

  • Ashdale v. Guidi Homes, Inc.

    Publication Date: 2020-06-15
    Practice Area: Real Estate
    Industry: Construction
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Saltz
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0518

    Plaintiffs' claim for construction defects fell under a statutory exception, so it was not barred by the statute of repose.

  • Philadelphia Redevelopment Auth. v. Atuahene

    Publication Date: 2020-05-11
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0486

    Trial court properly denied appellant's petition for appointment of a board of viewers because he sought damages from city's alleged exercise of its police power rather than damages from authority's exercise of eminent domain and matter was not properly before the court but trial court should have held a hearing or ordered discovery as to whether authority's mailings went to the last address authority was charged with knowing. Affirmed in part and vacated in part.

  • Laurel Lake Ass'n, Inc. v. Rose

    Publication Date: 2020-05-04
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Susquehanna County
    Judge: Judge Legg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0441

    In this quiet title action, an association of lakefront homeowners failed to establish that it was entitled to submerged land based on adverse possession.

  • CR 2018 LLC v. Columbia County Tax Claim Bureau

    Publication Date: 2020-05-04
    Practice Area: Real Estate
    Industry: Financial Services and Banking | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0458

    Trial court properly held that appellant could not argue bank did not receive proper notice of the tax sale of property bank owned because appellant had no standing to object to the tax sale of property it bought from bank after tax sale had occurred. Affirmed.

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    Authors: By Alex Geisler

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  • Arbiv v. Evron

    Publication Date: 2020-04-27
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Lachman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0336

    Buyers were entitled to void a real estate sale agreement and receive a refund of their funds from escrow. The court concluded that this case should be reversed and remanded to allow entry of judgment in favor of the buyers.

  • Beckmann v. Pocono Mountain Cliffside Civic Club, Inc.

    Publication Date: 2020-04-20
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0330

    A dispute between a property owner and a homeowners' association was governed by the restrictive covenants contained in a recorded deed, so the court dismissed a tort-based claim under the gist of the action doctrine.

  • Hena v. Vandegrift

    Publication Date: 2020-03-23
    Practice Area: Real Estate
    Industry: Real Estate
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Conti
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0315

    Fraudulent concealment and Pennsylvania Unfair Trade Practices and Consumer Protection Law claims dismissed on summary judgment in case involving purchase of property where purchase agreement contained broad integration clause under which buyer agreed he was purchasing the property in its present condition, but seller could maintain claim for failure to comply with disclosure requirements under Real Estate Seller Disclosure Law. Defendant's motion for summary judgment granted in part and denied in part.

  • Wolf v. Santiago

    Publication Date: 2020-03-16
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0299

    Trial court properly found property was blighted and abandoned under 68 P.S. §1105(d)(1-4) and appointed a community development corporation as conservator where neighbors presented credible evidence as to the dilapidated state of the property and property owners presented no evidence. Affirmed.

  • Smith v. Barto

    Publication Date: 2020-03-16
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0216

    Plaintiff was not entitled to a prescriptive easement because he did not demonstrate that his use was sufficiently notorious. Because plaintiff's land had access to a public road, he was not entitled to an easement by necessity to access an isolated portion of it.