Section Newsletters

Articles on Real Property

Joint tenancy property in a probate estate By Karen Johnson Guilde General Practice, Solo, and Small Firm, August 2000 The administration of deceased persons' estates often involves accounts titled in joint tenancy.
The new Home Repair and Remodeling Act—itself in need of repair! By Donald L. Shriver Real Estate Law, August 2000 On January 1, 2000 the new Home Repair and Remodeling Act became effective as P.A. 91-230; it may be cited as 815 ILCS 513/1, et seq.
The duty of a lessor to mitigate damages of a defaulting lessee when the lease has a liquidated damages clause By Jack H. Tibbetts Real Estate Law, May 2000 Illinois law mandates a lessor has a duty to mitigate damages of a defaulting lessee. This duty was created by a statute effective January 1,1984.
The “burn down” guaranty: Yet another trap for the unwary lender? By John C. Murray Real Estate Law, February 2000 On May 26, 1999, the Illinois Appellate Court issued its decision in Bank of America National Trust and Savings Association v. Schulson, 305 Ill. App. 3d 941, 714 N.E. 2d 20 (1999), as modified upon denial of rehearing (June 30, 1999).
Illinois law relating to tree encroachments By Richard F. Bales Real Estate Law, November 1999 Most real estate attorneys and title insurers, when discussing issues concerning encroachments as disclosed by a survey, think in terms of buildings, sheds, or fences.
Requirements for real estate title insurance extended coverage By James F. Dunneback General Practice, Solo, and Small Firm, November 1999 Many general practitioners come across the term "extended coverage" in residential real estate transactions.
Landowner liability for off-premises injury—a sequel By Donald L. Shriver & Donald P. Shriver Real Estate Law, September 1999 In our previous article, we discussed the duty on landowners for injuries that occur off of the landowner's property,1 and although clear conclusions could not be drawn, several guiding factors emerged.
Proceed with caution in condemnation actions By Jeffrey A. Mollet Real Estate Law, September 1999 A recent decision from the appellate court for the Second District may cause municipalities to proceed with more caution in pursuing condemnation actions.
Custom built home contracts: representing the builder By Robert J. Lasky Real Estate Law, June 1999 A. Custom home builder is "a custom builder that...constructs a unique home or building that meets a specific client's needs and desires." National Association of Home Builders.
Is it a strip of land or just a right of way? By Don Johnson Real Estate Law, June 1999 The significance of this question--Is it a strip of land or just a right of way?--lies in the ownership of the minerals beneath it.
Tenancy by the entirety By Myles Jacobs Real Estate Law, January 1999 At the real estate update seminar this year there were some questions asked regarding tenancy by the entirety, its creation and what would be the effect on how title was held if the estate was not properly created.

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