Real Estate Update
Court of Appeals
Reverses Hemmings
June 16, 2003
Holding that a landlord has a
duty to correct or repair a known dangerous or defective
condition under its control to prevent a foreseeable third
party attack upon a tenant within a lease4d apartment unit,
the Court of Appeals has reversed the ruling of the Court of
Special Appeals in Hemmings v. Pelham Wood Limited
Liability Limited Partnership, et al.
[Read
more]
Holder of Subsurface Mineral Rights
Denied Access to Surface
February 18, 2003
Reversing the ruling of the Court of Special Appeals, the
Court of Appeals has held that the holder of subsurface mineral rights
does not have the right to utilize the surface of the land to prospect
for or to extract subsurface minerals where it would unreasonably
interfere with the known intended uses of the surface.
[Read more]
Use of Residential Lot as Driveway for
Adjoining Subdivision Violated Covenants
January 2, 2003
The restrictive
covenants in the Beaufort Park subdivision, Howard County, Maryland
limited the use of lots to a single family dwelling and to residential
purposes. The Court of Special Appeals of Maryland recently held that
it was a violation of the covenants for the owner of a lot in Beaufort
Park to construct a road across his lot to serve adjacent property
owned by him which he had subdivided into 9 lots.
[Read more]
Nightclub’s
Landlord Not Liable to Victim of Stabbing
December 4, 2002
The Court of Special Appeals held that the landlord of
the Rhythms nightclub was not liable to the victim of a
stabbing that occurred on the premises.
[Read more]
Garden Shed
Prohibited by Restrictive Covenant
December 1, 2002
In a
dispute between the developer and owner of an assisted
living facility and the neighboring property owners and
their Advisory Board, the Court of Special Appeals held
that restrictive covenants, which permitted “recreation”
but forbid “structures,” prohibited the building of a shed
to help the residents of the assisted living facility
engage in recreational gardening.
[Read more]
Court of Appeals Affirms
Ruling in Lead Based Paint Case
December 1, 2002
The
Court of Appeals has affirmed the decision of the Court of
Special Appeals in
Dyer v. Crieger
that a real estate agent who lists, promotes and
effects a rental of residential property, without the right
to manage or control the property, is not liable as an
“owner” within the meaning of the Lead Paint Act. Dyer v.
Otis Warren Real estate Co., No 3, September Term 2002,
in the Court of Appeals of Maryland, filed November 8, 2002.
Mineral Rights
Upheld
May 21, 2002
When Calvert
Joint Venture #140 purchased a tree farm it intended to
subdivide into residential building lots, the sellers
reserved all oil, gas or other mineral rights in and to the
property. The Court of Special Appeals reviewed the
implications of that reservation in
Calvert Joint Venture #140 v. Snider. [Note: The
Court of Special Appeals decision was subsequently reversed
by the Maryland Court of Appeals. To read the Real Estate
Update report of the later case,
click here.]
[Read more]
Landlord Liable
to Tenant for Damages From Fire in Apartment Complex
May 17, 2002
A
landlord in Prince George’s County was held liable to a
tenant for injuries sustained as a consequence of a fire
that started when a blocked exhaust hose caused a dryer to
overheat.
[Read more]
Buyer Permitted
to Pursue Misrepresentation Claims Based Upon Seller’s
Pre-contract Statements
May 10, 2002
The Court
of Special Appeals of Maryland has allowed the purchasers
of a home site to pursue a claim that the sellers had
misrepresented the development plans for adjoining
property which the sellers also owned.
[Read more]
Court Enforces
Realtor® Agreement to Arbitrate Disputes
May 8, 2002
When two
brokers in an association of Realtors® have a contractual
dispute regarding commissions, arbitration is mandatory.
[Read more]
Landlord Owed No
Duty to Tenants For Criminal Act That Took Place Inside
Apartment
May 8, 2002
Howard W.
Hemmings and Suzette Hemmings rented a second floor
apartment in Pelham Wood, a 400 unit apartment building in
Baltimore County. Their apartment was equipped with
deadbolt locks and bars which secured the sliding glass
doors of the apartment balconies.
[Read more]
Supreme Court Declines to Hold That
Moratorium is an Unconstitutional Taking
May 3, 2002
In a recent
case, the Supreme Court ruled against a group of property
owners around Lake Tahoe who had contended that government
moratoria on the development of their property amounted to a
“taking” of their property without just compensation.
[Read more]
Maryland
Recreational Use Statute Protects Landowner from Suit by
Injured Runner.
April 30, 2002
In a case of first impression, the Maryland Court
of Special Appeals has confirmed that the Maryland
recreational use statute, codified in the Natural Resources
Article, §§5-1101, et seq., MD Code, protects private
property owners from liability for injuries sustained by
users of their land.
[Read more]
Supreme Court
Holds That Tax Lien Against Husband
Attaches to Tenancy by the Entireties Property
April 27, 2002
The Supreme
Court of the United States has recently held that a
husband's interests in tenancy by the entireties property
constitute "property" or "rights to Property" in which a
federal tax lien may attach.
[Read more]
Statute of
Repose Bars Suit Against Builder
March 18, 2002
The Court of Appeals of Maryland held that
Maryland’s ten year statute of repose precluded a suit for
construction defects from being filed against a contractor
twelve years after completion of an eleven-story building,
even though the defects were not discovered during the first
ten years the building was occupied.
[Read more]
Variance
Hardship Not Self-Created
March 12, 2002
A contract
purchaser of a lot, who knew that variances from the
Critical Area laws and zoning laws of Anne Arundel County
would be required in order to build a house of the size he
wanted, applied for variances. He was required to show
unnecessary hardship in order to obtain the variances. The
Court of Appeals has ruled that the purchaser’s prior
knowledge did not preclude him from receiving the variances.
[Read more]
Strict Liability
for Cleanup of Scrap Tires
March 12, 2002
The
purchasers of a property containing a scrap tire pile were
held strictly liable for reimbursing the Maryland Department
of the Environment for the cost of cleanup amounting to over
a million dollars.
[Read more]
Broker
Unable to Double Dip
March 4, 2002
A commercial broker who
entered into fee agreements with both a landlord and a
tenant who wanted to find a replacement tenant was limited
to just one commission.
[Read more]
Fire Insurer
Estopped From Denying Coverage for Rented Home
February 2, 2002
Because the homeowner’s
insurance carrier had been advised that the home was to be
leased as a model home, the carrier was estopped from
denying coverage for fire damage.
[Read more]
Oral Contract
Between Developers Too Indefinite to be Enforced
January 31, 2002
In order for a contract to be
enforceable, the terms of the contract must provide a basis
for determining the existence of a breach and for giving an
appropriate remedy. In Mogavero v. Silverstein, the Court of
Special Appeals of Maryland decided that the terms of an
oral contract between two developers were too vague and
indefinite to be enforced.
[Read more]
Real Estate Agent Not Liable Under Lead Paint Act
January 14, 2002
The Court of Special Appeals of Maryland has held that a real estate agent who lists, promotes
and effects a rental of residential property, without the right to manage or control the property, is not an “owner” within the meaning of the Lead Paint Act.
[Read more]
January 14, 2002
The discovery of shallow graves upon a home site caused the buyers of the lot to sue the developer. Although the trial court ruled that the suit was barred by a
statute of limitations, the Maryland appellate courts held otherwise.
[Read more] |
