Section Newsletters

Articles From Richard F. Bales

Unresolved issues concerning tenancy by the entirety By Richard F. Bales Real Estate Law, February 2005 Since 1990 married couples have had the option of owning their marital home as tenants by the entirety (735 ILCS 5/12-112; 750 ILCS 65/22; 765 ILCS 1005/1c).
Covenants, conditions and restrictions: a trend of enforcement By Richard F. Bales Real Estate Law, December 2004 Fifteen years ago, title insurance maven Ron Otto wrote an article for the Real Property newsletter (October 1989 issue) entitled "Covenants, Conditions and Restrictions: A Trend of Enforcement Denial." The article was a review of Illinois case law as to when a court will deny the enforcement of covenants, conditions and restrictions (hereafter CC&Rs).
New legislation concerning utilities and rights-of-way By Richard F. Bales Energy, Utilities, Telecommunications, and Transportation, June 2004 Generally speaking, a public utility has the right to install underground utilities in a statutory dedicated road. Such underground installations are regarded as being within the easement for highway purposes, in favor of the public.
New legislation concerning utilities and rights-of-way By Richard F. Bales Real Estate Law, May 2004 Generally speaking, a public utility has the right to install underground utilities in a statutory dedicated road. Such underground installations are regarded as being within the easement for highway purposes, in favor of the public.
Dueling Surveyors: Post-appellate issues of Hasselbring v. Lizzio By Richard F. Bales Agricultural Law, November 2003 I have always been interested in water law and the various issues surrounding riparian rights.
Dueling surveyors: Post-appellate issues of Hasselbring v. Lizzio By Richard F. Bales Real Estate Law, October 2003 I have always been interested in water law and the various issues surrounding riparian rights.
Powers of attorney from the title company perspective following AMCORE Bank v. Hahnaman-Alrecht By Richard F. Bales Real Estate Law, March 2002 AMCORE Bank v. Hahnaman-Alrecht, Inc., et al., No. 2-00-1462, a second district case, contains some valuable lessons for real estate attorneys who are fond of using powers of attorney.
Insuring vacated rights-of-way after Chavda v. Wolak By Richard F. Bales Real Estate Law, March 2001 Public Act 90-179 (effective July 23, 1997) amended the Illinois Municipal Code. As amended, 65 ILCS 5/11-91-1 provides as follows:
Underwriting covenants, conditions and restrictions By Richard F. Bales Real Estate Law, January 2001 "Covenants, conditions, and restrictions" (hereafter CC&Rs) is a generic term for privately-created rules and regulations that frequently govern the use and improvement of real property.
Practical aspects concerning the creation of air parcels By Richard F. Bales Real Estate Law, February 2000 For more than thirty-five years Illinois real estate attorneys have worked with the Illinois Condominium Property Act as an alternative to the plat of subdivision.
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.

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