Real Estate Law

American Land Holdings of Indiana, LLC v. Jobe

Federal 7th Circuit Court
American Land Holdings of Indiana, LLC v. Jobe
Civil Court
Property
Citation
Case Number: 
No. 09-3151 & 09-3265 Cons.
Decision Date: 
May 6, 2010
Federal District: 
S.D. Ind., Terre Haute Div.
Holding: 
Affirmed
Dist. Ct. did not err in finding for defendants-landowners in action seeking declaration that plaintiff has right to use strip-mine coal process on defendants' land pursuant to 1903 deed granting plaintiff all coal and mineral rights underlying defendants' land, but restricting plaintiff's ability to extract coal in certain areas of said land. Dist. Ct. could properly find that language in deed was ambiguous with respect to plaintiff's right to use strip-mine coal process and could properly receive extrinsic evidence to conclude that plaintiff's right to extract coal was limited to underground mining process. Ct. also found that rule against perpetuities applied to bar instant right to use strip-mine coal process since plaintiff sought to invoke said right more than 21 years after said right had vested in 1903.

The Terraces of Sunset Park v. Chamberlin

The Terraces of Sunset Park v. Chamberlin
Illinois Appellate Court
Civil Court
Real Estate Contract
Citation
Case Number: 
No. 2-09-0269
Decision Date: 
Wednesday, April 28, 2010
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
McLAREN
Parties entered written agreement for purchase of property for $1.75 million, with $50,000 to be paid when agreement signed, and $50,000 on certain date as down payment, but if down payment not made, then initial payment forfeited and transaction void; and if property not closed on certain date, payments forfeited and transaction void. Even though agreement used term "sale contract" and not "option", implications of agreement's terms were clearly those of option, not of sale. Option contract is not subject to Residential Real Property Disclosure Act.

House Bill 5224

Topic: 
Tenants Radon Protection Act
(Reitz, D-Sparta) creates the Tenants Radon Protection Act. Requires a landlord to provide a tenant any records of radon concentration within the dwelling unit that present a radon hazard to the tenant. Applies to tenants in a dwelling unit on or below the third floor of a single-family residence, each living unit of a multiple family residence, and each living unit in a mixed-use building. Makes other changes. It is on the order of first reading in the Senate after passing the House.
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Senate Bill 3747

Topic: 
Transfer Fee Covenant Act
(Wilhelmi, D-Joliet) creates the Transfer Fee Covenant Act that declares that transfer fee covenants violate the public policy of favoring the transferability of real property free of unreasonable restraints. Makes it void for a transfer fee covenant or a lien to secure the payment of a transfer fee that is recorded after the effective date and does not run with the title to the real property. Provides that it cannot be presumed that the provisions of this Act mean that a transfer fee covenant or lien recorded before the effective date is valid and enforceable. Scheduled for hearing on Tuesday in Senate Judiciary Committee.
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Senate Bill 3550

Topic: 
Illinois Notary Public Act
(Hunter, D-Chicago) removes the notary public's personal knowledge of an individual as a means of verifying the individual's identity. Authorizes the Secretary of State to suspend a notary public's commission pending criminal investigation of alleged fraud by the notary or pending administrative review of the notary's suspected violations of the Act or suspected actions in bad faith. Scheduled for hearing in Senate Judiciary Committee on Tuesday.
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Centerpoint Porperties Trust v. Olde Prairie Block Owner, LLC

Centerpoint Porperties Trust v. Olde Prairie Block Owner, LLC
Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Receivers
Citation
Case Number: 
No. 1-09-1481
Decision Date: 
Wednesday, February 10, 2010
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Affirmed.
Justice: 
QUINN
Evidentiary hearing not required before appointing receiver in mortgage foreclosure proceeding. Court properly found mortgagee had established good cause why it should remain in possession of property per Illinois Mortgage Foreclosure Law; terms of mortgage provided that it would take possession in event of default, and reasonable probability that it would prevail at final hearing.

McNeil v. Ketchens

McNeil v. Ketchens
Illinois Appellate Court
Civil Court
Quiet Title
Adverse Possession
Citation
Case Number: 
Nos. 4-09-0388, 4-09-0393, 4-09-0617 Con
Decision Date: 
Wednesday, January 6, 2010
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Affirmed in part and reversed in part.
Justice: 
APPLETON
Defendant, who was neighbor of Plaintiffs, blockaded Plaintiffs' driveway, covering his car and refusing to move it. Plaintiffs sought declaratory judgment, seeking to quiet title and claiming adverse possession. Court erred in rejecting claim of adverse possession. Since 1937, house and garage have stood at Plaintiffs' address, and driveway has led straight from street to garage, running alongside the house; and house and garage never were abandoned. One-month vacancy in time between prior owner moving out and Plaintiffs moving in to home was not break in continuity of possession, and did not interrupt adverse possession. Court properly dismissed count for quiet title, as legal description in deed to Plaintiffs does not include driveway.