It has been a hectic month for me. I moved my practice to a new firm that specializes in real estate and business law. It is a great move for me to continue to develop my expertise in real estate and landlord/tenant law, so I am excited about the move. It is just a huge hassle to move. I am not good with change, but things are calming down so that I can move back into the normal routine and refocus on things like this blog.
I greatly appreciate all of you who have followed this blog and have become clients as a result of it or have just sent me an email or phone call. Keep calling and emailing me, just be sure to use the new number and email address.
___________
Erik Moore, Esq.
Smith Law Group, P.C.
10620 Johnson Drive, Suite 100
Shawnee, KS 66203
913-248-9100
913-248-9111 fax
emoore@smithkc.com
Friday, July 25, 2008
Thursday, June 5, 2008
Protecting Your Property Rights Protects Your Peace of Mind
It is not real common, but it does occur that a property owner (we will call him Owner A), for whatever reason (necessity, convenience, habit), makes regular use of a portion of the neighbor's land (we will call this person Owner B). This can lead to a variety of legal concerns for both property owners. After a certain amount of time, and under the right conditions, ownership of that land being used by the Owner A could actually be transferred to Owner A by operation of law. It is a principle called "Adverse Possession." That happens in very limited and specific circumstances, though.
More common is that both neighbors are aware that Owner A is making some use of Owner B's property, and Owner B has no problem with that. Maybe there is a driveway that runs across Owner B's land that Owner A likes to use or maybe a careless prior owner built a fence that extended beyond Owner A's property line. Whatever the case, what should be more concerning for both neighbors is what the next owner thinks of this.
For Owner A, if this use is really important, Owner A should have something done to protect himself, whether that be acquiring an easement from Owner B or simply figuring a way to stop using Owner B's land.
Owner B may have a good relationship with Owner A and appreciate how respectful Owner A is of Owner B's land. That may not be the case with the person who comes after Owner A. Does Owner B want this use of his land by his neighbor to continue on after Owner A is out, or after Owner B is out? Maybe not.
Point is, both property owners need to think about the future and protect themselves now. A reasonable neighbor should understand that Owner A or Owner B is thinking of what comes next, not that there is brewing dispute between the current neighbors.
If either property owner waits until it is too late, i.e. someone sells their property, that property owner risks losing rights it thought it had to the land or risks descending into a black hole of costly litigation with the new neighbor over that could, and should, have been avoided.
Property owners simply need to plan ahead and protect their rights now when they have the chance rather than waiting until the chances passes them by.
___________
Erik Moore, Esq.
Ghafoor, Cook & Associates
136 E. Walnut, Suite 300
Independence, MO 64050
816-373-7379
816-222-0757 fax
emoore@ghafoorcook.com
More common is that both neighbors are aware that Owner A is making some use of Owner B's property, and Owner B has no problem with that. Maybe there is a driveway that runs across Owner B's land that Owner A likes to use or maybe a careless prior owner built a fence that extended beyond Owner A's property line. Whatever the case, what should be more concerning for both neighbors is what the next owner thinks of this.
For Owner A, if this use is really important, Owner A should have something done to protect himself, whether that be acquiring an easement from Owner B or simply figuring a way to stop using Owner B's land.
Owner B may have a good relationship with Owner A and appreciate how respectful Owner A is of Owner B's land. That may not be the case with the person who comes after Owner A. Does Owner B want this use of his land by his neighbor to continue on after Owner A is out, or after Owner B is out? Maybe not.
Point is, both property owners need to think about the future and protect themselves now. A reasonable neighbor should understand that Owner A or Owner B is thinking of what comes next, not that there is brewing dispute between the current neighbors.
If either property owner waits until it is too late, i.e. someone sells their property, that property owner risks losing rights it thought it had to the land or risks descending into a black hole of costly litigation with the new neighbor over that could, and should, have been avoided.
Property owners simply need to plan ahead and protect their rights now when they have the chance rather than waiting until the chances passes them by.
___________
Erik Moore, Esq.
Ghafoor, Cook & Associates
136 E. Walnut, Suite 300
Independence, MO 64050
816-373-7379
816-222-0757 fax
emoore@ghafoorcook.com
Wednesday, April 30, 2008
The Ugly Side of Redevelopment
I love to see efforts to redevelop urban cores of cities like what is going on Kansas City. The Power and Light District has been a grand success so far with its great restaurants and bars and the Sprint Center across the street. Cities, large and small, all over the country have been making efforts to redevelop and revitalize their urban cores and other blighted areas. A common, and often necessary, tool to push forward with the redevelopment is the government's power of eminent domain. Eminent domain allows the government to take private land from the owner after paying fair compensation for that property. When the governemnt can use this power and what is actually fair compensation is a common source of litigation and not mentioned much in the papers.
Like I said, I love to see Kansas City's downtown reborn and exciting, but an exciting downtown is just one factor to consider when looking at the effect of eminent domain. An interesting op-ed was brought to my attention by The Property Prof Blog. It brings up the issue that there may be an ugly side to redevelopment, revitalization and the use of eminent domain. Minority communities are being classified as "blighted" and being removed by municipalities in favor of the high-dollar redevelopments for the well-to-do.
Check out this article. I think a blanket characterization of eminent domain as racist and harmful to minorities (which I don't think is the author's goal) would be misplaced, but it raises an interesting, and troubling, point that should be considered.
___________
Erik Moore, Esq.
Ghafoor, Cook & Associates
136 E. Walnut, Suite 300
Independence, MO 64050
816-373-7379
816-222-0757 fax
emoore@ghafoorcook.com
Like I said, I love to see Kansas City's downtown reborn and exciting, but an exciting downtown is just one factor to consider when looking at the effect of eminent domain. An interesting op-ed was brought to my attention by The Property Prof Blog. It brings up the issue that there may be an ugly side to redevelopment, revitalization and the use of eminent domain. Minority communities are being classified as "blighted" and being removed by municipalities in favor of the high-dollar redevelopments for the well-to-do.
Check out this article. I think a blanket characterization of eminent domain as racist and harmful to minorities (which I don't think is the author's goal) would be misplaced, but it raises an interesting, and troubling, point that should be considered.
___________
Erik Moore, Esq.
Ghafoor, Cook & Associates
136 E. Walnut, Suite 300
Independence, MO 64050
816-373-7379
816-222-0757 fax
emoore@ghafoorcook.com
Tuesday, April 29, 2008
Supreme Court Addresses One of the Key Issues of the Day
The Supreme Court yesterday upheld Indiana's voter ID law. I don't want to take any position on the case here (and I don't know that I have put enough time and thought into it to have a position), but I do want to bring people's attention to this case and other "hot topic" cases. This case might have some effect on the upcoming presidential election. The Wall Street Journal's Law Blog has a quick summary of the case and links to read more about it.
I like to bring these cases up and provide links so that people can actually learn about the facts and arguments of the case instead of relying on the political arguments or "watercooler talk" to inform themselves. The Supreme Court's rulings are based on law and not politics and it is important for all of us to understand that fact and understand what the law of the case really is before supporting or rejecting the decision.
So, if you are interested in this case, I invite you to take the time to read more about it. You will impress those who haven't.
___________
Erik Moore, Esq.
Ghafoor, Cook & Associates
136 E. Walnut, Suite 300
Independence, MO 64050
816-373-7379
816-222-0757 fax
emoore@ghafoorcook.com
I like to bring these cases up and provide links so that people can actually learn about the facts and arguments of the case instead of relying on the political arguments or "watercooler talk" to inform themselves. The Supreme Court's rulings are based on law and not politics and it is important for all of us to understand that fact and understand what the law of the case really is before supporting or rejecting the decision.
So, if you are interested in this case, I invite you to take the time to read more about it. You will impress those who haven't.
___________
Erik Moore, Esq.
Ghafoor, Cook & Associates
136 E. Walnut, Suite 300
Independence, MO 64050
816-373-7379
816-222-0757 fax
emoore@ghafoorcook.com
Monday, April 28, 2008
Before You Challenge or Appeal, Please Follow the Directions
Law of the Land has a good post summarizing a Missouri Court of Appeals case dealing with the Cout's review of a conditional use permit. As the posting states, the case does not so much review the merits of the conditional use permit at issue as it reviews the procedure for challenging the permit, which was not followed by the party who wanted to challenge the granting of the permit, and then appeal the denial of the protest, did not follow.
Administrative agencies have pretty specific procedures for challenging and/or appealing decisions, and those procedures have to be followed. The wisdom and fairness of decisions by the Board of Zoning Adjustments or the Assessor, or whoever, is important, but becomes irrelevant if proper procedures are not followed to challenge those decisions.
___________
Erik Moore, Esq.
Ghafoor, Cook & Associates
136 E. Walnut, Suite 300
Independence, MO 64050
816-373-7379
816-222-0757 fax
emoore@ghafoorcook.com
Administrative agencies have pretty specific procedures for challenging and/or appealing decisions, and those procedures have to be followed. The wisdom and fairness of decisions by the Board of Zoning Adjustments or the Assessor, or whoever, is important, but becomes irrelevant if proper procedures are not followed to challenge those decisions.
___________
Erik Moore, Esq.
Ghafoor, Cook & Associates
136 E. Walnut, Suite 300
Independence, MO 64050
816-373-7379
816-222-0757 fax
emoore@ghafoorcook.com
Wednesday, April 23, 2008
Real Estate Syndication
Here is a link to an interesting to a blog by Joel Block that discusses, among other things, Real Estate Syndication. He is not a lawyer and this not a legal analysis, but he does provide basic answers and discussion with regard to syndication.
I get questions from time to time about syndication and what needs to happen, and I am happy to help these investors out. Basically, Real Estate Syndication is a group of investors pooling their money together for real estate investing. It is a complicated process that requires close adherence to securities laws. Joel has posted a series or blogs addressing Syndication. Check it out.
___________
Erik Moore, Esq.
Ghafoor, Cook & Associates
136 E. Walnut, Suite 300
Independence, MO 64050
816-373-7379
816-222-0757 fax
emoore@ghafoorcook.com
I get questions from time to time about syndication and what needs to happen, and I am happy to help these investors out. Basically, Real Estate Syndication is a group of investors pooling their money together for real estate investing. It is a complicated process that requires close adherence to securities laws. Joel has posted a series or blogs addressing Syndication. Check it out.
___________
Erik Moore, Esq.
Ghafoor, Cook & Associates
136 E. Walnut, Suite 300
Independence, MO 64050
816-373-7379
816-222-0757 fax
emoore@ghafoorcook.com
Monday, April 21, 2008
City and County Government Employees Are There to Help You
All joking about government workers aside, the staff members of local government are resources and should be used when it comes to building permits, land use permits, and rezoning requests. It is a great idea to sit down with a member of a permit or planning department's staff to talk about the project you want to start before you start it. The "before" is the key word in that sentence. Often times, it is a requirement for certain applications in some cities to have a meeting with staff. This is a great opportunity to talk to the people who will actually be reviewing the application after it is filed. It is like going over the answers to a test with the teacher before you actually take the test. Not only that, you start to build a relationship with the these people, you get on a first name basis, and they are able to put a face to the name. You also get a feel for what the reaction to your request will be.
Do your homework though. Whether you are the property owner, the builder, the contractor, or the attorney, you should come to this meeting with all the information, plans, maps, whatever, in hand so that there can be intelligent conversation with the staff member and the staff member can give thoughtful answers.
Yes, you may already know what all the answers are or already know what the response to your application will be, but relationship building is just as important as any discussion about setback requirements or easements.
A couple of years ago, I had a meeting with a member of a planning and zoning department of a city in the area. I had genuine questions about how staff would interpret certain ordinances and how and why it had applied certain ordiances to piece of real property in the past. I had met with the staff member numerous times in the past. She did not know me by my first name, but she recognized me. She knew that I make a habit of meeting with staff before I jump into projects for clients so that I can get city input and handle things as smoothly as possible. In our meeting, which was pretty quick, she gave me the expected answers which all but killed my client's plan, but then she talked me through how my client could make the plan work and how I could use the ordinances to my client's advantage. It all worked out great.
It is important to take the time to meet the people who are going to play an key role in your development or building process. No, phone calls do not count. Have that first meeting, and then make the phone calls with your additional questions.
___________
Erik Moore, Esq.
Ghafoor, Cook & Associates
136 E. Walnut, Suite 300
Independence, MO 64050
816-373-7379
816-222-0757 fax
emoore@ghafoorcook.com
Do your homework though. Whether you are the property owner, the builder, the contractor, or the attorney, you should come to this meeting with all the information, plans, maps, whatever, in hand so that there can be intelligent conversation with the staff member and the staff member can give thoughtful answers.
Yes, you may already know what all the answers are or already know what the response to your application will be, but relationship building is just as important as any discussion about setback requirements or easements.
A couple of years ago, I had a meeting with a member of a planning and zoning department of a city in the area. I had genuine questions about how staff would interpret certain ordinances and how and why it had applied certain ordiances to piece of real property in the past. I had met with the staff member numerous times in the past. She did not know me by my first name, but she recognized me. She knew that I make a habit of meeting with staff before I jump into projects for clients so that I can get city input and handle things as smoothly as possible. In our meeting, which was pretty quick, she gave me the expected answers which all but killed my client's plan, but then she talked me through how my client could make the plan work and how I could use the ordinances to my client's advantage. It all worked out great.
It is important to take the time to meet the people who are going to play an key role in your development or building process. No, phone calls do not count. Have that first meeting, and then make the phone calls with your additional questions.
___________
Erik Moore, Esq.
Ghafoor, Cook & Associates
136 E. Walnut, Suite 300
Independence, MO 64050
816-373-7379
816-222-0757 fax
emoore@ghafoorcook.com
Subscribe to:
Posts (Atom)