Walnut Bottom Landlord-Tenant Lawyer, Pennsylvania
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Clinton T. Barkdoll
Landlord-Tenant, Trusts, Divorce, Criminal, Business
Status: In Good Standing Licensed: 26 Years
9 E Main Street, Waynesboro, PA 17268
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LEGAL TERMS
INURE
To take effect, or to benefit someone. In property law, the term means 'to vest.' For example, Jim buys a beach house that includes the right to travel across t... (more...)
To take effect, or to benefit someone. In property law, the term means 'to vest.' For example, Jim buys a beach house that includes the right to travel across the neighbor's property to get to the water. That right of way is said, cryptically, 'to inure to the benefit of Jim.'
AUTHOR
In terms of copyright protection, either the person who creates the work, the person or business that pays another to create the work in an employment context o... (more...)
In terms of copyright protection, either the person who creates the work, the person or business that pays another to create the work in an employment context or the person or business that commissions the work under a valid work for hire contract. For example, a songwriter may write a song, but if he is employed by a company to do so, the company is the author of that song for copyright purposes.
CONDITIONS OF CARRIAGE
The terms of your contract with an airline after you buy a ticket. Conditions of carriage cover everything from baggage limitations to the amount of compensatio... (more...)
The terms of your contract with an airline after you buy a ticket. Conditions of carriage cover everything from baggage limitations to the amount of compensation you can recover if you're injured on the flight. These provisions often vary from airline to airline. A few, but by no means most, conditions of carriage appear in the fine print on the back of your ticket. To find out about the rest, you can ask the airline for a copy; it is legally obligated to provide one. The conditions of carriage contain a lot of fine print detail and will not make for exciting reading.
FIERI FACIAS
Latin for 'that you cause to be done.' This is a court document that instructs a sheriff to seize and sell a defendant's property in order to satisfy a monetary... (more...)
Latin for 'that you cause to be done.' This is a court document that instructs a sheriff to seize and sell a defendant's property in order to satisfy a monetary judgment against the defendant.
HOUSE CLOSING
The final transfer of the ownership of a house from the seller to the buyer, which occurs after both have met all the terms of their contract and the deed has b... (more...)
The final transfer of the ownership of a house from the seller to the buyer, which occurs after both have met all the terms of their contract and the deed has been recorded.
NET LEASE
A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's ope... (more...)
A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's operating costs as well. When all three of the usual costs--taxes, maintenance and insurance--are passed on, the arrangement is known as a 'triple net lease.' Because these costs are variable and almost never decrease, a net lease favors the landlord. Accordingly, it may be possible for a tenant to bargain for a net lease with caps or ceilings, which limits the amount of rent the tenant must pay. For example, a net lease with caps may specify that an increase in taxes beyond a certain point (or any new taxes) will be paid by the landlord. The same kind of protection can be designed to cover increased insurance premiums and maintenance expenses.
EXPRESS WARRANTY
A guarantee about the quality of goods or services made by a seller, such as 'This item is guaranteed against defects in construction for one year.' Most expres... (more...)
A guarantee about the quality of goods or services made by a seller, such as 'This item is guaranteed against defects in construction for one year.' Most express warranties come directly from the manufacturer or are included in the sales contract. If you want to hold the seller to an oral guarantee, it's best to get it in writing or have witnesses to the guarantee so that it doesn't come down to your word against the seller's if a problem arises.
HOMESTEAD
(1) The house in which a family lives, plus any adjoining land and other buildings on that land. (2) Real estate which is not subject to the claims of creditors... (more...)
(1) The house in which a family lives, plus any adjoining land and other buildings on that land. (2) Real estate which is not subject to the claims of creditors as long as it is occupied as a home by the head of the household. After the head of the family dies, homestead laws often allow the surviving spouse or minor children to live on the property for as long as they choose. (3) Land acquired out of the public lands of the United States. The term 'homesteaders' refers to people who got their land by settling it and making it productive, rather than purchasing it outright.
COVENANTS, CONDITIONS & RESTRICTIONS (CC&RS)
The restrictions governing the use of real estate, usually enforced by a homeowners' association and passed on to the new owners of property. For example, CC&Rs... (more...)
The restrictions governing the use of real estate, usually enforced by a homeowners' association and passed on to the new owners of property. For example, CC&Rs may tell you how big your house can be, how you must landscape your yard or whether you can have pets. If property is subject to CC&Rs, buyers must be notified before the sale takes place.
SAMPLE LEGAL CASES
Giant Food Stores, LLC v. THF Silver Spring Development, LP
... Landlord covenants and agrees that, for the term of this Lease and any extension thereof, no
store(s) and/or building(s), or any part of same, now or hereafter acquired and/or constructed
by Landlord within the Shopping Center or upon any property within a three (3) mile ...
Bayne v. Smith
... OPINION BY ORIE MELVIN, J.: ¶ 1 Appellants, James and Rose Bayne (Landlord), appeal
from the trial court's refusal to include attorney's fees as part of the judgment entered against
Appellee, Ashlee Smith (Tenant), in this Landlord/Tenant dispute. ...
IN RE COLLEGIUM FOUNDATION
... [4] Prior to their merger, the Charter School subleased the Property from the
Foundation, which in turn leased the Property from 500 James Hance Court, LP
(the Landlord), the for-profit owner of the Property. The lease between ...
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