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Marcus & Millichap Real Estate Investment Brokerage Company v. Hock Investment Company
Arbitration can't be compelled where purchase contract language indicates there isn't an agreement to arbitrate.
Real Property Mar. 1, 1999
Tusher v. Gabrielsen
Trial court properly imposed Preponderance of evidence standard of proof to establish existence of implied easement.
Real Property Mar. 1, 1999
Triple A Management Co. v. Frisone
Constructive knowledge is properly imputed to principal, since agent's disclosure is presumed.
Real Property Feb. 26, 1999
Roes v. Wong
Junior lienholders who pay off senior lienholders to avoid foreclosure are not protected by usury statutes.
Real Property Feb. 26, 1999
Diamond Bar Cattle Co. v. U.S.
Grazing livestock on federal public land requires grazing permit despite ownership of vested water right.
Real Property Feb. 24, 1999
In re Marriage of Oropallo
Seeking nonjudicial trustee sale on property prevents later attempt to obtain deficiency judgment.
Real Property Feb. 21, 1999
Solit v. The Tokai Bank
A party's voluntary, gratuitous release of a lien doesn't impair the party's right to record a subsequent lien.
Real Property Feb. 19, 1999
Debrow v. Evans
Order
Real Property Feb. 3, 1999
Smith v. The Toronto-Dominion Bank
Order
Real Property Feb. 1, 1999
U.S. v. 5M, Inc.
Order
Real Property Jan. 28, 1999
Lindquist v. Hart
Mobile home parks' landlord isn't required to have good cause to terminate month-to-month tenancy.
Real Property Dec. 29, 1998
Rogers v. Westerman Farm Company
Lessees of oil and gas interests may deduct certain post-production costs before making royalty payments.
Real Property Dec. 24, 1998
Mount Olivet Cemetery Association v. Salt Lake City
Congressional authorization of property for non-cemetery use doesn't preempt state zoning act.
Real Property Dec. 15, 1998
Hall v. Walter
Treble damages proper against real estate agents who private driveway as access to other properties.
Real Property Dec. 13, 1998
McCormick v. Union Pacific Railroad Company
Reservation of "minerals" in deeds conveying surface rights included oil and gas rights.
Real Property Dec. 10, 1998
Beckhart v. HTS Properties
Right of redemption cannot be severed from property it serves.
Real Property Nov. 26, 1998
Gfeller v. The Scottsdale Vista North Townhomes Association
Homeowners association has affirmative duty to enforce CC&Rs to prevent interference with drainage of rainwater.
Real Property Nov. 24, 1998
Tucker v. Wolfe
Double-wide mobile homes aren't precluded by deed restriction prohibiting trailer houses.
Real Property Oct. 30, 1998
Kunz v. Cycles West Inc.
Plaintiff entitled to recover costs of renovating commercial property to attract new tenant where lease provides for such payment.
Real Property Oct. 16, 1998
Carron v. Board and Cuonty Commissioners
Delineation process established by county for zoning purposes within the authority of the county.
Real Property Oct. 16, 1998
Paloma Investment Limited Partnership v. Jenkins
Water rights agreements are real property rights binding on successor owners of the real property.
Real Property Oct. 14, 1998
Lazy Dog Ranch v. Telluray Ranch Corp.
Prior determination of easement's existence and dimensions doesn't create collateral estoppel concerning its use.
Real Property Sep. 14, 1998
State of Arizona v. Wells Fargo Bank of Arizona
Condemnee doesn't have to show unique or special damages to collect severance damages.
Real Property Aug. 26, 1998
Dakota Ridge Joint Venture v. City of Boulder
Order
Real Property Aug. 24, 1998
Pagosa Lakes Property Owners Assn. v. Caywood
Regulations adopted by homeowner's association valid under the Colorado Common Interest Ownership Act.
Real Property Aug. 5, 1998
SBKC Service Corporation v. 1111 Prospect Partners
Order
Real Property Jul. 30, 1998
Bittersweet Farms Inc. v. Zimbelman
Owner of upstream property has a natural easement over downstream property for discharge of irrigation water.
Real Property Jul. 22, 1998
Oral Roberts University v. Anderson
Order
Real Property Jul. 17, 1998
Quelimane Co. Inc. v. Stewart Title Guaranty Co.
Title insurers need not issue title insurance against their better judgment on particular land parcels.
Real Property Jul. 15, 1998
Lieff v. Medco Professional Services Corp.
Sale of business holding lease requires broker to hold real estate license despite no actual property transfer.
Real Property Jul. 10, 1998