Real Estate Law

New Changes to Pennsylvania’s Mechanic’s Lien Law will Impact some Construction Projects

January 17, 2017
Posted in Real Estate Law

Amendments to the Pennsylvania Mechanic’s Lien Law, known as Act 142, which took effect January 1, 2017, spawned the Pennsylvania State Construction Notices Directory (“the Directory”) and new notice provisions. The new provisions will definitely impact construction projects costing a minimum of $1.5 Million and the process by which liens are perfected. The Directory: Now […]

Zoning – Art or Science

November 29, 2016
Posted in Real Estate Law

When presenting an application before a local zoning hearing board, I believe that it is decidedly more art than science.  Although every lawyer presenting a case should be sufficiently familiar with the legal principles involved, it is more important that the lawyer and applicant work on techniques to persuade people, rather than sophisticated legal issues.  […]

Don’t Forget the Muffins

November 1, 2016
Posted in Real Estate Law

People move in to the neighborhood.  The best intentions of walking over with baked goods and making an introduction just fade into the obligatory wave as we drive past each other.  Garage doors open and close behind our cars as we tunnel into the house. You then want to build an addition or install that […]

So You Want To Open A Medical Marijuana Facility….. Now What? Real Estate And Zoning Considerations For Medical Marijuana Facilities

August 5, 2016

When Pennsylvania adopted the Medical Marijuana Act nearly every industry in the state was impacted.  One of the industries that has been largely ignored to date may also be one of the most significant in obtaining a medical marijuana permit: real estate.  Under the Act, one of the considerations in obtaining a medical marijuana permit […]

The Meaning of “Under Seal”

June 27, 2016
Posted in Real Estate Law

If you have recently placed your signature on a contract, deed, or mortgage, you may have noticed the word “SEAL” printed in big, bold letters somewhere near your name. While the concept of signing a contract “under seal” may sound a bit archaic, the inclusion of such a word may significantly alter legal rights thereunder. […]

If You Think that Attorney’s Fees are Recoverable in a Suit for a Tenant’s Breach of a Residential Lease, Check Again

June 17, 2016
Posted in Real Estate Law

The Pennsylvania Association of Realtors form (PAR form) Residential Lease surprisingly makes limited provision for the recovery of attorney’s fees by a landlord in the event of a tenant’s breach. Generally, in Pennsylvania, litigants are responsible for their own attorney’s fees unless a contract says that they are recoverable, or a statute says they are […]

Right to Collect Attorneys’ Fees

June 6, 2016
Posted in Real Estate Law

The right of associations to recover attorneys’ fees against delinquent homeowners is alive and well. In a recent decision in Arches Condominium Association v. Robinson, the Commonwealth Court upheld the award of $26,206.08 to a condominium association based on its efforts to collect an initial amount due of $939.83. The award of attorneys’ fees was […]

Developments in Real Estate Assessments

May 24, 2016
Posted in Real Estate Law

The Supreme Court of Pennsylvania has decided to look into the practice of school districts hiring companies to look for commercial properties that are under assessed, which results in a school district assessment appeal, with the company getting a contingent fee percentage of the increased taxes achieved. Land owners have been complaining that this practice […]

NPDES Permitting Regulations: Plan for Success

April 27, 2016
Posted in Real Estate Law

NPDES permittees may be surprised to find themselves in situations where they cannot terminate a NPDES permit after successfully completing a project and constructing a fully functional stormwater management system.  Under regulations that became effective in November 2010, NPDES permittees became obligated to record post-construction stormwater mmanagement declarations (“PCSM Declarations”) against properties containing post-construction stormwater […]

Slow Down the Mad Dash to Closing

April 14, 2016
Posted in Real Estate Law

If you are considering selling an income producing property, i.e. apartment complex, office building, retail center, do some housekeeping before you sign the agreement. It’s certain the purchaser will request an existing title insurance policy, past utility bills, tax bills, operating expenses, certificate of occupancy, copies of leases, approvals, permits and plans. Dig them out, […]

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