Category Archives: Real Estate
|
D.C. Court of Appeals Rules in Favor of Homeowners on Single-Family Exemption Act of 2018
On August 22, 2024, the D.C. Court of Appeals in Lashawn Lane v. District of Columbia Department of Housing and Community Development held that the Single-Family Exemption Act of 2018, D.C. Law 22-120, § 409, 65 D.C. Reg. 5077 (2018) (“Single-Family Exemption Act”) applies to all tenants of single-family properties regardless of when their ... Read More
|
Appellate Court of Maryland leaves unresolved issue of whether riparian owners have right to unobstructed view.
The Appellate Court of Maryland recently declined to decide whether riparian owners have a right to unobstructed water views, noting that other states have approached the issue differently. In Buck v. Steele, the court reminded litigants that legal arguments to create new law must be predicated upon actual facts and one cannot skip over ... Read More
|
How to Make Sure You Know the Boundaries of Your Property: The Difference Between a House Location Drawing and a Survey
How to Make Sure You Know the Boundaries of Your Property The Difference Between a House Location Drawing and a Survey By Roy L. Kaufmann Prudent buyers of real estate (excluding most condos and co-ops) will want to know where the property ... Read More
|
Federal court in Maryland confirms “unmarketable” relates to title, not property.
The United States District Court for the District of Maryland recently dismissed a title policy holder’s claim regarding an allegedly unmarketable title and provided especially useful language to the industry. In Kiritsis v. Stewart Title Guaranty Co., the court confirmed that “unmarketable” as used in the policy was not ambiguous and that the term ... Read More
|
United States District Court for the District of Maryland grants summary judgment on 3(a) exclusion
Earlier this week, the United States District Court for the District of Maryland granted, in part, summary judgment against a title insurer for failing to provide a defense to an underlying fraud and conspiracy action. In Sharestates Investments, LLC v. WFG National Title Ins. Co., the Court reaffirmed that the duty to defend is significantly broader than the duty to ... Read More
TAGGED: #RealEstateLaw, #DCRealEstate, #MDRealEstate
Best Law Firms® 2023 Rankings
A number of Jackson & Campbell, P.C.’s practice groups received national and metro rankings in the Fourteenth Edition of the Best Law Firms® rankings. As a firm, we strive for excellence in our work and are very proud to be recognized as a part of this elite group ... Read More
|
Simply Owning or Renting a Home in DC May Subject You to DC Income Tax
D.C. Simply Owning or Renting a Home in DC May Subject You to DC Income Tax (regardless of whether you live outside DC for the majority of the year) – Statutory Residency in the District of Columbia As a general proposition, States tend to impose their income taxes on people who reside within the state or who ... Read More
|
Court of Appeals of Virginia holds private easement not a public dedication.
The Court of Appeals of Virginia affirmed a summary judgment grant finding that language included in a subdivision plat did not create a public easement. In Salunkhe v. Christopher Customs, LLC, the Court held that language stating, “24’ Ingress-Egress Esm’t” and “35’ Rad. Turnaround Esm’t” failed to satisfy the Virginia Code requirements to create ... Read More
TAGGED: #RealEstateLaw, #DCRealEstate, #VARealEstate
|
Supreme Court of Maryland has clarified how public roads are established
In Board of County Commissioners v. Aiken, the Supreme Court of Maryland has clarified how public roads are established, recognizing that its prior case law “has caused confusion.” The Court agreed with the Appellate Court of Maryland’s “well-reasoned analysis and affirm[ed] its judgment in all respects.” The Appellate Court’s decision was discussed here in August, 2022. At issue ... Read More
|
Real Estate Loan Drafting Guidance: District of Columbia
We're sharing a Q&A guide to real estate finance law and practice for borrowers and lenders in the District of Columbia. This guide can be used in conjunction with the Real Estate Finance State Q&A. It addresses state customs and laws relating to loan document drafting to ensure enforceability and priority of the lien of mortgage instruments. It also generally ... Read More
|
Security Deposit Requirements for DC Residential Leases
The District of Columbia, with its rich history of protecting the rights of tenants, has strict rules governing security deposits on residential leases. Landlords who manage their own properties and professional managers should be familiar with these rules. Limitations on the amount of the security deposit. The deposit shall not exceed ... Read More
|
The Supreme Court of Virginia has reversed a trial court and upheld a prescriptive easement where the issue of permission was hotly contested in Kevin Horn v. James Webb
The Supreme Court of Virginia has reversed a trial court and upheld a prescriptive easement where the issue of permission was hotly contested. In Kevin Horn v. James Webb, the Court examined the issue of whether prescriptive rights could arise from a pre-1976 grant of permission by the servient estate which was never expressly ... Read More
|
District of Columbia Court of Appeals clarifies public easement rules
The District of Columbia Court of Appeals has clarified a pair of rulings from 1896 and 1899 as to how public easements may be accepted. In Kalorama Citizens Association v. SunTrust Bank Company, the Court held that a public easement, such as the disputed open plaza being used by vendors for a farmers’ market, ... Read More
TAGGED: #realestatelaw #DCrealestate
|
Maryland and Virginia appellate courts issue decisions on statutory interpretation
In the Maryland case of Elsberry v. Stanley Martin Companies, LLC, the purchasers of a single-family home in Charles County filed suit alleging that the seller improperly imposed an amortized water and sewer charge for a period of thirty years after the date of the initial sale. The homeowners filed suit contending that Md. Code Real Prop. § 14-117 ... Read More
TAGGED: #realestatelaw #DCrealestate
|
Court of Special Appeals of Maryland affirms quiet title dismissal and vacates public road decision
The Court of Special Appeals of Maryland vacated a trial court determination that a public road was not established where St. Mary’s County contended that it closed the roadway and no longer maintained the parcel. In Wilkinson v. Board of County Commissioners, the Court noted the trial court had “blurred” methods establishing public roads ... Read More
TAGGED: #realestatelaw #DCrealestate
|
A Legislative Solution for Conservation Easements
A Legislative Solution for Conservation Easements: Jackson & Campbell’s Tax Chair, Nancy Ortmeyer Kuhn, provides insightful commentary on charitable conservation easements and the proposed tax legislation that caps charitable deductions for taxpayers. She also discusses the Supreme Court’s recent decision in West Virginia v. EPA, and how that may impact Treasury Regulations. Read more here: CE Legislation Article ... Read More
TAGGED: Real Estate Law, Tax Law
|
Short-Term Rental License – DCRA Extends Grace Period for Obtaining License.
The District regulates short-term residential rentals, such as "AirBNB". The regulations are found The grace period for obtaining the license and endorsement is extended to June 9, 2022. A Basic Business license is required, with two, alternative endorsements available. Short-Term Rental Endorsement (Host is present during rental – such as renting out bedrooms). Eligibility for License: Must be within host/applicant's primary residence. Must ... Read More
|
Using Intrafamily Loans to Transfer Wealth and Reduce Estate Taxes
With current interest rates at near-historic lows, intrafamily loans remain an effective way to shift wealth to the next generation while avoiding estate and income tax consequences. Such loans can be part of a complex estate planning strategy, including the transfer of a closely-held family business. However, they can also be used as a simple mechanism to assist children with ... Read More
|
DC Council Extends Foreclosure Moratorium, Shortens TOPA Tolling Period
In October 2021, D.C. Council provided Mayor Bowser, under Act 24-178 1 , the power to extend the foreclosure moratorium from November 5, 2021, to February 4, 2022. 2 The purpose of this extension was to allow the Housing Assistance Funds (‘HAF”) Program to be implemented. The goal of the HAF program is to prevent mortgage ... Read More
TAGGED: TOPA, Real Estate Law, foreclosure moratorium, COVID Policy
|
Association Liability for Crimes Committed by Third Parties
On February 3, 2022, a final order was issued in Letellier v. The Atrium Unit Owners Association, et al. (Case No. CL19001103-00). The case tested the duty owed by condominium associations when a third-party commits a crime against a resident. On May 7, 2017, a man posed as a maintenance worker and entered the Atrium Condominium (the “Condominium”) in Arlington, Virginia ... Read More
|
Court of Special Appeals of Maryland affirms expansion of general easement to allow for emergency vehicle use
Following seven years of litigation, and two appeals, the Court of Special Appeals of Maryland affirmed a circuit court’s widening of a general easement to effectuate the intent of long-dead parties. In Garrett v. Holloway, the Court added some measure of clarity to a 1903 conveyance which referenced a bisecting private road but did not expressly create an easement nor ... Read More
|
Estate Tax Considerations for 2022: How Clients Can Plan in an Uncertain Time
The Internal Revenue Service ("IRS") has released annual inflation adjustments for 2022. These include increased gift, estate, and generation-skipping transfer (“GST”) tax exemptions (the “unified credit”), annual gift tax exclusions, and retirement account limits. The changes are as follows: The unified credit will increase to $12.06 million for an individual (from $11.7 million in 2021). This means that a married ... Read More
TAGGED: news, Tax Law, legislation, estate planning, trust and estates, taxes & IRS
|
Blount v. Padgett’s Impact on Property Held as Tenants by the Entireties
The District of Columbia Court of Appeals has clarified a 45-year-old decision regarding the effects of a divorce on liens against property held as tenants by the entireties. In Blount v. Padgett, the Court of Appeals refined its 1976 holding in Travis v. Benson that an entry of a final divorce decree converts property to a tenancy in common allowing ... Read More
|
SCOTUS Opinion: Court Blocks CDC Moratorium On Evictions
Congress twice passed a law imposing a moratorium on certain types of eviction during the COVID-19 pandemic, but the Centers for Disease Control and Prevention each time extended the moratorium, claiming authority under Section 361(a) of the Public Health Service Act. That statute permitted the CDC to “make and enforce such regulations as . . . are necessary to prevent ... Read More
|
Real Estate Update: Easement drafting news in the Court of Special Appeals of Maryland
The Court of Special Appeals of Maryland has issued a decision giving a word of caution to easement drafters. In Joe the Grinder, Riva Road, LLC v. Riva, LLC, the Court held that an easement referencing a right of way for “vehicular ingress and egress” was ambiguous as the easement further described only a single-lane driving aisle “to” a traffic ... Read More
|
Client Alert: Watts-Dowd v. SJH Property Management, LLC
The Court of Special Appeals of Maryland has affirmed a trial court’s denial of an adverse possession claim in which the plaintiff submitted evidence as to each of the traditional necessary elements but failed to establish the location of the actual property at issue. In Watts-Dowd v. SJH Property Management LLC, the Court was presented with an all too familiar ... Read More
|
Client Alert: Maryland Real Estate Commission Activity
Various bulletins and notices from the Maryland Real Estate Commission serve as important reminders: Real Estate Agents Not to be Paid by Title Company or Others – Must be Paid Through the Brokerage. Payment of real estate commissions to agents or associate brokers may not be from the settlement company's account. Instead, payments of commissions need to be paid through the real ... Read More
|
Client Alert: Wheeling v. Selene Finance, LP
The Court of Appeals of Maryland has held that a protected resident need not be deprived of actual possession as a condition to suit against a loan servicer under the 2013 residential eviction amendments set forth in Maryland Code Real Property Article § 7-113. In Wheeling v. Selene Finance, LP, the Court weighed-in on claims from two families regarding the ... Read More
|
Client Alert: Wilson v. Eagle National Bank
The United States District Court for the District of Maryland has allowed a complaint alleging Sherman Act violations by a lender in purported conspiracy with its internal title company and competitor title company to proceed. In Wilson v. Eagle National Bank, the Court held that allegations of horizontal price-fixing in title and settlement services, if proven true, constitute per se ... Read More
|
Client Alert: A New Holding in the Court of Appeals of Maryland That May Affect Enforcement of Condominium Liens
Earlier this week, the Court of Appeals of Maryland held that condominium liens perfected under the Maryland Contract Lien Act cannot secure unpaid amounts which accrue subsequent to the recordation of the lien. In in re Anthony D. Walker, the Court answered a certified question from the United States Bankruptcy Court for the District of Maryland which had grappled with ... Read More