Year: 2022

The Court of Appeals will correct errors and does not alter the law.  Here, the trial court voided a foreclosure sale because it concluded that the price "shocked the conscience."  But "[i]nadequacy of consideration alone will not justify setting aside a foreclosure...

Missouri Constitution's Hancock Amendment bars political subdivisions from levying a tax without voter approval, but a sewer district's bill based on an owner's voluntary connection to the system is a fee, not a tax.  Further, Missouri statutes generally extinguish...

The Illinois legislature recently enacted House Bill 4270 which creates a statutory form for special warranty deeds to standardize what is certainly the most common form of deed used in commercial real estate practice. House Bill 4270

An easement over land has no effect on the servient estate holder except for the easement's purpose, which prevails over any right of the servient estate holder, and which the servient estate cannon inhibit.  Further, a deed which reserves an easement, without...

Reformation of a deed may occur upon the parties' mutual mistake, meaning that "both have done what neither intended."  The quantum of proof is clear, cogent, and convincing evidence.  Here, the trial court found that parents intended to convey a life estate in land...