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Real Estate

Considering the Foreclosure Savings Clause

Considering the Foreclosure Savings Clause

By | Real Estate

Documents that affect the viability of—or that validate—a loan are likely to contain something called a “savings clause.” Savings clauses are inserted into contracts to ensure that the contract will remain as intact and enforceable as the law will permit, even in the case that some portion of the document is determined unenforceable by a court or otherwise invalidated. These clauses can refer to the entire contract, or to specific provisions within a given contract. They are intended, in other words, to serve as a source of relative certainty—even in the sorts of situations where uncertainty may be at issue. These clauses are also at times referred to as “severability clauses”—reflecting the intent by the parties to request that a court “sever” (cut away or render inert) whatever portion of the contract the law must deem invalid while maintaining the rest of the agreement, and even to indicate particular portions of the contract that they would favor to have severed, as against others (the ones they would most like to “save”). Read More

Commercial Zoning and Land Use in Arizona

Commercial Zoning and Land Use in Arizona

By | Real Estate

Zoning of a geographic area in Arizona is performed by city and county governments with the goal of maintaining the health, safety, and economic solvency of the community found there, and to control the rate of an area’s growth. The zoning ordinances and land use regulations applied to a given area govern the ways in which the land within it may be used, and may even regulate the appearance or size of buildings found there—including the building materials used to construct them, the distance buildings must be from the roads, and even the height or colors in which they may be rendered. Some of these zones are designated “commercial.” Read More

The Consideration of Time in Adverse Possession

The Consideration of Time in Adverse Possession

By | Real Estate

One of the core underpinnings of our system of real property is that when an owner of property is divested of some portion of that property, they will naturally want to receive some form of compensation in exchange. Which is why some people find themselves shocked to learn that Arizona honors the concept of “adverse possession”—sometimes referred to colloquially as “squatter’s rights.” Read More

When Disputes Arise from Construction

When Disputes Arise from Construction

By | Real Estate

While building projects are often sources of positive anticipation, they also have a tricky tendency to go sideways in any number of ways. This can result in unfortunate frustration and disillusionment, particularly when projected completion dates come and go while construction shows no sign of being finished. Disputes are common in construction; they can have serious effect on the relationships between property owner and contractor, and at times real estate litigation may prove the only way forward. Read More