A nuisance lawsuit exists when there is an “unreasonable, unusual, or unnatural use of one’s property so that it substantially impairs the right of another to enjoy his property.” Basham v. City of Cuba, 257 S.W.3d 650, 653 (Mo. Ct. App. 2008). If there is a nuisance, the measure of damages depends on whether the…
Real Estate Litigation & Disputes
One of the most common types of real estate disputes (if not the most common) are disputes centered on competing claims of partial or complete ownership of real estate. These problems can arise from a myriad of circumstances, like problems with un-recorded deeds, titling errors, uncertain beneficiaries, challenges to the validity of a deed, etc….
Eminent Domain, Property Takings (Fifth Amendment)
Eminent domain is one of those hot button policy issues that almost always draws the ire of private property owners, despite it usually resulting in large cash settlements for a property owner. Both the Missouri Constitution and Federal Constitution address eminent domain — that is, the government’s authority to take private property. Article I, Section…
Escrow Agreements & Contracts for Deed
In real estate law and litigation, I find two of the more commonly misunderstood principles are Escrow Agreements and Contracts for Deed. While the latter is somewhat rare, the former is something you should have an understanding of before entering into a real estate contract (even though Deeds of Trust are so common in Missouri)….
Real Estate Title Insurance
Buying a home is a pricey proposition. Putting the recommended 20% down toward the purchase price, in conjunction with other costs such as home inspections and homeowner’s insurance, can be costly. In my estimation, one of the more misunderstood expenses in a real estate transaction is title insurance. Title insurance is not a typical type…