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Practical Real Estate Lawyer

Volume 23, Number 1, January 2007

Published: Wed, 14 Feb 2007 10:09:25 EST


The New "All Appropriate Inquiries" Rule

Wed, 14 Feb 2007 10:09:25 EST

Volume 23, Number 1, January 2007 p.7
The new ALL Appropriate Inquiries ("AAI") rule imposes new due diligence standards before landowner defenses are available. Although some of the standards are familiar, many differ from previous practice. In this article, Larry Schnapf discusses how the new AAI rule differs from the familiar ASTM E1527 standard and its essential terms and concepts, and explains how the careful landowner can position itself to take advantage of the most helpful defenses.

Resolving Title And Ownership Disputes In Condemnation Cases

Wed, 14 Feb 2007 10:09:25 EST

Volume 23, Number 1, January 2007 p.25
It isn't always clear who the owner is in a condemnation case, and resolving the issue can make all the difference in the outcome. In this article, Leslie A. Fields and Karen L. Brody discuss the general concepts in determining ownership in this context and overview the somewhat inconsistent state of the law on the issue.

How To Depose An Opposing Appraiser (With Deposition Questions)

Wed, 14 Feb 2007 10:09:25 EST

Volume 23, Number 1, January 2007 p.33
Because the opposing appraiser is an expert, there is always an instinct to want to take his or her deposition. But this may not always be the best thing to do. In this article, Warren C. Herlong, Jr. and J. Casey Pipes discuss how to evaluate whether to take the opposing expert's deposition, determining the purpose of the deposition, areas of examination and valuation approaches, and offer model questions that can be used in each area.

Risk-Shifting Agreements In Construction Contracts: Why Insurance May Not Work The Way It Used To

Wed, 14 Feb 2007 10:09:25 EST

Volume 23, Number 1, January 2007 p.43
In a fairly common arrangement, a subcontractor would agree to add an owner as an additional insured, thus protecting the owner in the event that one of the subcontractor's workers was hurt on the worksite. Owing to a change in standard insurance language, this may no longer work. In this article, David S. White explains what language to look for, some ways to alleviate the problem, and the right language to put into indemnification/hold harmless agreements.

Uses Of Land Trusts ln Preserving Tenancy ln Common Property (Part 1)

Wed, 14 Feb 2007 10:09:25 EST

Volume 23, Number 1, January 2007 p.53
Tenancies in comon have several advantages, but they also have one big disadvantage: a co-tenant can sue for partition and in doing so, cause a forced sale of the property. The use of a land trust can help to solve this problem as well as offer several other attractive features. In this article, Julius J. Zschau explains the basics of land trusts and how to create and use them.