Old Chatham Construction Lawyer, New York, page 2


Includes: Construction Contracts, Construction Liens, Housing & Construction Defects

Kristin Laviolette Pratt

Corporate, Construction, Environmental Law
Status:  In Good Standing           Licensed:  19 Years

Kenneth Varley

Construction, Lawsuit & Dispute, Employment, Dental Malpractice
Status:  In Good Standing           

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LEGAL TERMS

ESCHEAT

The forfeit of all property to the state when a person dies without heirs.

EASEMENT

A right to use another person's real estate for a specific purpose. The most common type of easement is the right to travel over another person's land, known as... (more...)
A right to use another person's real estate for a specific purpose. The most common type of easement is the right to travel over another person's land, known as a right of way. In addition, property owners commonly grant easements for the placement of utility poles, utility trenches, water lines or sewer lines. The owner of property that is subject to an easement is said to be 'burdened' with the easement, because he or she is not allowed to interfere with its use. For example, if the deed to John's property permits Sue to travel across John's main road to reach her own home, John cannot do anything to block the road. On the other hand, Sue cannot do anything that exceeds the scope of her easement, such as widening the roadway.

EASEMENT BY PRESCRIPTION

A right to use property, acquired by a long tradition of open and obvious use. For example, if hikers have been using a trail through your backyard for ten year... (more...)
A right to use property, acquired by a long tradition of open and obvious use. For example, if hikers have been using a trail through your backyard for ten years and you've never complained, they probably have an easement by prescription through your yard to the trail.

FINDER'S FEE

A fee charged by real estate brokers and apartment-finding services in exchange for locating a rental property. These fees are permitted by law. Some landlords,... (more...)
A fee charged by real estate brokers and apartment-finding services in exchange for locating a rental property. These fees are permitted by law. Some landlords, however, charge finder's fees merely for renting a place. This type of charge is not legitimate and, in some areas, is specifically declared illegal.

QUANTUM MERUIT

The reasonable value of services provided, which a winning party may be able to recover from an opponent who broke a contract.

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.

QUITCLAIM DEED

A deed that transfers whatever ownership interest the transferor has in a particular property. The deed does not guarantee anything about what is being transfer... (more...)
A deed that transfers whatever ownership interest the transferor has in a particular property. The deed does not guarantee anything about what is being transferred, however. For example, a divorcing husband may quitclaim his interest in certain real estate to his ex-wife, officially giving up any legal interest in the property. Compare grant deed.

BASIS

For income and capital gains tax purposes, the value that is used to determine profit or loss when property is sold. Often the basis is what you paid for the pr... (more...)
For income and capital gains tax purposes, the value that is used to determine profit or loss when property is sold. Often the basis is what you paid for the property, 'adjusted' to reflect improvements made or damage incurred while you own the property. See stepped-up basis, carryover basis.

SPECIFIC PERFORMANCE

A remedy provided by a court that orders the losing side to perform its part of a contract rather than, or possibly in addition to, paying money damages to the ... (more...)
A remedy provided by a court that orders the losing side to perform its part of a contract rather than, or possibly in addition to, paying money damages to the winner.

SAMPLE LEGAL CASES

Quattrocchi v. FJ Sciame Construction Corp.

ANTHONY QUATTROCCHI, Respondent, v. FJ SCIAME CONSTRUCTION CORP., Respondent. FJ SCIAME CONSTRUCTION CO., INC., Sued Herein as FJ SCIAME CONSTRUCTION CORP., Third-Party Plaintiff-Respondent, v. COMPLETE CONSTRUCTION ...

CONSTRUCTION BY SINGLETREE, INC. v. Lowe

After the completion of discovery, JC moved for summary judgment dismissing, inter alia, the claims to recover liquidated and compensatory damages for breach of warranty, as set forth in Lowe's second cross claim, arguing that there was no evidence to substantiate Lowe's ...

Lane v. FRATELLO CONSTRUCTION COMPANY

The Supreme Court erred in granting that branch of the defendants' motion which was to dismiss the plaintiffs' Labor Law § 241 (6) causes of action against all of the defendants premised on an alleged violation of 12 NYCRR 23-1.7 (e) (2). 576 Contrary to the defendants' ...

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