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Cantwell, Smith & Trokey, LLP

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Real Estate

Self-Help Remedy for Encroachment by Neighbor's Trees
A property owner may cut back branches and roots that stray onto his or her property. The right of self-help, as it is called, is not found in state law; however, it derives from the common law. More...
Residential Real Estate Sales -- The Final Walk-Through
In connection with a residential real estate sale, it is not uncommon for a buyer to "walk through" the house one or more times before the closing takes place. More...
Deceit in Real Estate Transactions
Real estate transactions present opportunities for deceit. Deceit, insofar as the area of tort law is concerned, is usually defined by state law. More...
The Historic Homeowner -- State and Local Preservation Laws
The issue of historic preservation is governed by a myriad of federal, state, and local laws. Generally speaking, the purpose of preservation laws is to encourage the recognition of historic resources, as well as the preservation of those resources. Without question, historic preservation is a legitimate governmental objective. On the state and local levels, historic preservation controls may be enacted subject to the applicable constitutional constraints. More...
The Foreign Investment in Real Property Tax Act
Congress enacted the Foreign Investment in Real Property Tax Act (FIRPTA). The law can be found at 26 U.S.C.S. §1445. More...

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