Show: 1 day 1 week 1 month All

Sort: Newest first A–Z

Also show unreported opinions

Coverage since May 26, 2026

✉️ New decisions, briefed in your inbox every morning — subscribe to Daily Case Law, free →

Real Property

Guam Estate Administration Pro Se Litigation Probate

Supreme Court of Guam

In re Estate of Pangelinan — Supreme Court of Guam Holds Pro Se Executor Need Not Retain Counsel to Petition for Letters Testamentary

/ July 17, 2026

The Supreme Court of Guam unanimously reversed a probate court’s refusal to appoint a named executor, holding that neither a law license nor retained counsel is required to petition for letters testamentary under the Guam Probate Code, and that the statutory grounds of “improvidence” or “want of understanding” cannot be established solely by the petitioner’s failure to retain an attorney — even where the probate court acknowledged a severe attorney shortage on the island.

South Carolina Administrative Law Real Property Statutory Interpretation

Court of Appeals of South Carolina

Mt. Pleasant Investments v. Charleston County Assessor — ATI Exemption Caps Tax Value at Pre-Sale Baseline, Not Pre-Sale Plus Pre-ATI Improvements

/ July 17, 2026

The South Carolina Court of Appeals reversed the Administrative Law Court’s property tax ruling, holding that the “current fair market value” floor for the ATI exemption is the pre-sale value on the assessor’s books—not that value inflated by improvements the prior owner completed before the sale closed. Because the improvements were already incorporated into the ATI fair market value of $8,034,000 used to compute the exemption value, the Assessor’s approach of re-adding them to the current fair market value floor impermissibly double-counted them. The taxable value for tax year 2022 was $6,063,000, not $6,821,000.

New York Church Property Constitutional Real Property

Appellate Division, Second Department

Presbytery of Long Island v. Central Presbyterian Church — Denominational Property Trust Enforceable After Congregation Leaves PCUSA

/ July 10, 2026

Second Department affirms that the Presbytery holds a trust interest in a departing congregation’s 240 Main Street property under PCUSA’s constitutional trust clause and New York’s neutral principles of law approach.

New York Civil Procedure Real Estate Real Property

Appellate Division, Second Department

16011, LLC v. Bank of America — Notice of Pendency Bars Quiet Title Action by HOA Lien Foreclosure Purchaser

/ July 10, 2026

Second Department affirms that a HOA lien foreclosure purchaser who recorded its deed after a bank notice of pendency was filed had constructive notice of the bank foreclosure and cannot pursue a quiet title claim under RPAPL article 15.

Utah Municipal Law Real Estate Real Property

Court of Appeals of Utah

Johnson v. Moab City — Utah’s 1886 Townsite Plat Vested Title Before the 1890 Federal Patent, Defeating a Century-Long Adverse Possession Claim

/ July 4, 2026

The Utah Court of Appeals reversed a partial summary judgment that had quieted most of a disputed downtown Moab parcel to a private landowner, holding that the 1886 Moab Townsite Plat vested title in the municipality before the 1890 federal Luster Patent issued, that Utah’s rebuttable presumption of official regularity supplies the missing historical documentation, and that adverse possession cannot run against government land designated for public use regardless of how long the private use has continued.

New York Adverse Possession Real Estate Real Property

Appellate Division, Second Department

Del Vecchio v. Gangi — Fence Encroachment Is De Minimis and Cannot Support Adverse Possession Under NY’s 2008 RPAPL Amendments

/ June 12, 2026

The Appellate Division, Second Department modifies a Nassau County order to grant summary judgment dismissing an adverse possession counterclaim, holding that a metal fence erected in 2014 constitutes a de minimis non-structural encroachment deemed “permissive and non-adverse” under RPAPL 543(1), as amended in 2008 to curb bad-faith boundary-line squatting.

Florida Attorney Fees Partition Real Property

Wolland v. Wolland – Third DCA Reverses Assignment of All Partition Attorney Fees to One Co-Tenant

/ June 8, 2026

The Third DCA reversed a final judgment in a partition action that assigned all attorney’s fees to one co-tenant, holding that section 64.081 requires fees to be apportioned between parties in proportion to their interests in the partitioned property.

Ohio Civil Procedure Real Property Tax

Ohio Court of Appeals (Eighth District)

Cuyahoga County Treasurer v. Schutz — Court rejects unclean hands defense in tax foreclosure

/ June 8, 2026

The Eighth District rejected an unclean hands defense in a tax foreclosure action, holding the property owner had available legal remedies and could not relitigate valuation in the foreclosure proceeding.

North Carolina Appellate Procedure Real Estate Real Property

North Carolina Court of Appeals

Alston v. Jacox — Prescriptive Easement Over Decades-Old Pathway Upheld Even After Third-Party Permission Grant

/ June 9, 2026

The North Carolina Court of Appeals affirmed a prescriptive easement over a rural pathway that had been used for ingress and egress since the 1950s, holding that the required twenty-year period need not immediately precede the dispute and that an easement already vested by adverse use cannot be destroyed by a later permission grant to a third party.

Oregon Civil Procedure Real Estate Real Property

Court of Appeals of Oregon

Calaveras II, LLC v. Eastside Bend, LLC — Lis Pendens Misdescribing the Object of Suit Is Invalid; ORS 205.470 Damages Run Per Lot

/ June 9, 2026

The Oregon Court of Appeals affirmed the striking of lis pendens notices as invalid encumbrances under ORS 205.460 because the notices falsely identified the object of the suit as enforcing a CC&R lien that did not exist, and held that the $5,000 minimum statutory penalty under ORS 205.470 applies on a per-lot basis when an invalid encumbrance clouds multiple individually titled parcels.

Wisconsin Civil Procedure Contract Interpretation Real Estate

Court of Appeals of Wisconsin

Munnik v. Blue Harbor Resort — 29-Day Occupancy Restriction Upheld as Clear and Enforceable

/ June 8, 2026

The Wisconsin Court of Appeals upholds the 29-day continuous-occupancy restriction at Blue Harbor Resort in Sheboygan, holding that a clear condominium declaration restriction is enforceable even if buyers regret their investment, and that a governmental body’s vote to waive a restriction has no legal effect without a formal written amendment executed by all required parties.

Ohio Civil Procedure Evidence Real Property

Ohio Court of Appeals (Ninth District)

Chlebina v. Landmark Partners — Court reverses discovery order, finds oil and gas drilling information constitutes trade secrets

/ June 8, 2026

The Ninth District reversed in part a discovery order compelling disclosure of oil and gas drilling strategies, finding that the trial court failed to consider supplemental trade secret evidence and remanding for a protective order.

Ohio Estate Administration Probate Real Property

Ohio Court of Appeals (Second District)

In re Estate of Kendrick — Second District reverses denial of omitted heir’s Civ.R. 60(B) motion in real property transfer

/ June 8, 2026

The Second District reversed the probate court’s denial of a Civ.R. 60(B) motion filed by an omitted heir, finding the heir had meritorious claims to real property that was transferred without listing him on the next-of-kin form.

Ohio Breach of Contract Civil Procedure Real Property

Ohio Court of Appeals (Second District)

Talismanic Properties v. Cedar Grove HOA — Second District affirms Civ.R. 60(B) relief from cognovit judgment

/ June 8, 2026

The Second District affirmed the trial court’s grant of Civ.R. 60(B) relief from a cognovit judgment entered against a homeowners association, finding the HOA presented meritorious defenses including invalid promissory note, self-dealing, and bylaw violations.

Ohio Breach of Contract Consumer Protection Real Property

Ohio Court of Appeals (Second District)

Worch Lumber v. Fetzer — Second District holds Home Construction Service Suppliers Act does not apply to lumber supplier

/ June 8, 2026

The Second District affirmed that Ohio’s Home Construction Service Suppliers Act (HCSSA) did not apply to a lumber company’s transaction with a homeowner because the company was a material supplier, not a “home construction service supplier” as defined by the statute.

Ohio Business Transactions Civil Procedure Real Property

Ohio Court of Appeals (Tenth District)

Tonti Homes v. Siculan — Tenth District reverses dismissal of blind-trust real estate claims

/ June 8, 2026

The Tenth District reversed the trial court’s dismissal of claims arising from a blind trust arrangement for real estate lots, holding that the plaintiff adequately alleged the existence of a trust relationship regardless of whether Ohio specifically codifies “blind trusts.”

Ohio Civil Procedure Negligence Real Property

Ohio Court of Appeals (Ninth District)

Johnson v. Smith — Ninth District reverses summary judgment, holds negligence per se claim for sidewalk defect survives despite open-and-obvious doctrine

/ June 8, 2026

The Ninth District reversed summary judgment for a property owner in a sidewalk fall case, holding that the open-and-obvious doctrine does not override negligence per se based on a municipal ordinance requiring sidewalk maintenance, and that the plaintiff’s statement about tripping was admissible as an excited utterance.

Ohio Civil Procedure Landlord Tenant Real Property

Ohio Court of Appeals (Third District)

Treen v. Treen — Third District affirms eviction of son from father’s land, finds informal arrangement created month-to-month tenancy

/ June 8, 2026

The Third District affirmed a forcible entry and detainer judgment, holding that a father-son arrangement where the son occupied a mobile home on the father’s land rent-free but paid utilities and property taxes created a landlord-tenant relationship and a month-to-month tenancy under Ohio law.

Ohio Appellate Procedure Civil Procedure Real Property

Ohio Court of Appeals (Ninth District)

Anthony v. Woolbright — Ninth District reverses in part, holds trial court improperly scheduled bench trial during jury demand

/ June 8, 2026

The Ninth District reversed in part a partition case, holding that the trial court erred in scheduling a bench trial when a valid jury demand had been filed, while affirming the denial of multiple continuance requests and the denial of leave to amend the complaint.

Ohio Civil Procedure Estate Administration Probate

Ohio Court of Appeals (Ninth District)

In re Haxton — Ninth District affirms removal of estate administrator, holds failure to object to magistrate’s decision forfeits appellate arguments

/ June 8, 2026

The Ninth District affirmed the removal of an ancillary estate administrator who had a conflict of interest, holding that his failure to file objections to the magistrate’s decision under Civ.R. 53(D)(3)(b)(iv) forfeited all appellate arguments except plain error, which he did not argue.