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Publication Date: 2022-04-18
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0422
Trial court erred in dismissing Pennsylvania Department of Transportation's motion for possession because the order was an appealable, collateral order, DOT established its right of possession by paying the condemnees the estimated just compensation and the federal residential eviction halt was inapplicable to commercial property. Reversed.
Publication Date: 2022-04-04
Practice Area: Real Estate
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0359
Trial court properly found appellant was entitled to the original purchase price and real estate taxes paid on a property sold at a tax sale in 1973 because the sale was void ab initio since the property did not actually exist and properly denied appellant's claims for compound interest or attorney fees. Affirmed.
Publication Date: 2022-04-04
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Bucks County
Judge: Judge Trauger
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0300
The evidence demonstrated the existence of an express grant of a right-of-way and/or driveway easement allowing plaintiff access over defendant's property and notice of that easement, which was specifically identified in a seller's disclosure statement provided to defendant. The court granted plaintiff relief.
Publication Date: 2022-03-22
Practice Area: Attorney Rates and Arrangements | Real Estate
Industry: Financial Services and Banking | Automotive
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0302
Plaintiff correctly argued that when a reverse mortgage is due because of a mortgagor's death, the mortgagor's heirs are not necessarily entitled to notice of and the right to exercise the option to purchase the mortgaged property for 95 percent of its appraised value; however, defendants demonstrated that plaintiff failed to comply with relevant federal regulations governing reverse mortgages. The superior court affirmed.
Publication Date: 2022-03-14
Practice Area: Real Estate
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0284
Deeds were not invalid under statute of frauds where they were signed by sole executor and beneficiary of estate in the name of the decedent, meaning the deeds were signed by the party transferring ownership of the real estate. Judgment of the trial court affirmed.
Law Journal Press | Digital Book
Authors: Michael D. Malfitano
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Publication Date: 2022-02-21
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0185
Trial court erred in ruling on appellees' action for ejectment, quiet title, trespass and injunctive relief in dispute over a piece of un-deeded property between the parties' properties because the abandoned roadway was never vacated, borough was an indispensable party and trial court lacked jurisdiction. Order vacated.
Publication Date: 2022-02-14
Practice Area: Real Estate
Industry: Technology Media and Telecom | Transportation
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Conner
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0154
Plaintiff moved to remand its condemnation action seeking an aerial license to string fiber optic wire on telephone poles along defendant's railroad tracks and court found the Interstate Commerce Clause Termination Act did not preempt the commonwealth's eminent domain code and the amount in controversy was not enough to support diversity jurisdiction. Motion granted.
Publication Date: 2022-01-24
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Tunnell County
Judge: Judge Tunnell
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0028
The court held that plaintiff did not establish a clear right to relief to support a preliminary injunction because he did not demonstrate an element of his adverse possession claim that there was a hostile act between the parties in relation to title to a piece of real estate. Motion denied.
Publication Date: 2022-01-24
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Fayette County
Judge: Judge Wagner
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0026
Plaintiff's complaint failed to sufficiently allege either a claim under the Private Road Act or a claim of easement by estoppel where the pleading did not include averments establishing necessity or public benefit from the opening of a road, and did not allege notice regarding the purported easement. The court sustained defendant's preliminary objections.
Publication Date: 2022-01-17
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1523
Plaintiffs established their ownership of a disputed three-foot strip of land at the edge of their parcel where they demonstrated the recognition and acquiescence of an agreed-upon boundary line with defendants' predecessors in interest and acquiescence by defendants, who took no affirmative steps to protect their claim to the disputed strip. The court found in favor of plaintiffs.
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