Archive | Title

December 1, 2020

What Happens to Title of Real Estate Upon Condemnation?

Upon the vesting of title in a condemnation proceeding, all lien interests in the subject property by virtue of mortgages, unpaid taxes, or unsatisfied judgments are extinguished. However, substituted in their place are equitable liens against the condemnation award to the extent of each lien and interest as of the date title vested. County of Rockland v Kohl Industrial Park Co., 172 AD2d 607 (2d Dept 1991). There is, however, one lien which has a super priority. The attorney who created the fund by litigation the condemnation claim has not… read more

By Michael Rikon

Posted in Attorney's Charging Lien, Condemnation, Equitable Ownership, Title

ADVERSE POSSESSION OF CONDEMNED LAND

Among the many interesting calls that I receive, this one is a doozy. Many years ago, the City condemned property for urban renewal. But never moved forward after acquiring title. It did nothing and the land remained vacant. Then after a passage of over 15 years, someone conveyed title to the parcel. This sale was from an owner to another private party. The grantee, however, did not pay the City’s real estate taxes. So, after a period of years, the City foreclosed on its tax lien taking title once again… read more

By Michael Rikon

Posted in Adverse Possession, Title

HOW DO WE GET TO THE BEACH?

Our Hawaiian friend, Robert T. Thomas, brought an Eleventh Circuit Court of Appeals decision to our attention. The case, Chmielewski v The City of St. Pete Beach, was decided on May 16, 2018. Robert writes an excellent blog, inversecondemnation.com. The blog must be considered mandatory reading for anyone interested in eminent domain. In the Chmielewski case, the Court affirmed a jury verdict in favor of a property owner who asserted that the City’s invitation to the public to access the beach by way of the owner’s privately-owned land was a… read more

By Michael Rikon

Posted in Beach Access, Easements, Title

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