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Lot owners lose fight to limit street access

By Tara-Nicholle Nelson, Wednesday, September 30, 2009.
Flickr photo by <a href="http://www.flickr.com/photos/23682502@N04/3897873581/">tiffa130</a>.

In Callahan, et al. v. Point Clear Holdings Inc., the lot owners' sole route of access to their homes was via a street that was originally owned by a resort developer.

Lot owners held a "private easement for streets." The resort developer's successor, a residential developer, planned to build new homes in the area, and planned to open the private street to public use by residents and guests of the new-home community.

Lot owners amended the restrictive covenants governing their subdivision and sued for declaratory relief to enjoin the successor developer from using the street to benefit any properties that didn't exist at the time the easement was created, and to further enjoin the developer from converting the private street to public use.  more...

Real estate disconnect tips the scales Premium Content

By Kris Berg, Wednesday, September 30, 2009.
Flickr image by <a href="http://www.flickr.com/photos/flikr/49989058/">flikr</a>.

I don't have a burning desire to draw pictures today, but if I did I think I would draw a lizard.

Admittedly, I haven't been thinking much lately about lizards. If I'm honest, reptiles have been the furthest thing from my mind (ignoring, of course, the bank's short-sale processor we were most recently assigned).

Until this morning, if you had asked me to draw something I might have whipped out a rendering of an appraiser driving a stake through the heart of my latest transaction, or even a quick sketch of me feeding a couple of offers into the shredder because they were missing zeroes.  more...

Building inspectors vs. building codes

By Barry Stone, Wednesday, September 30, 2009.

DEAR BARRY: As a carpenter and contractor, I meet building inspectors who allow construction that is not built to code. When I asked one inspector about this, he said that he has the authority to approve work that is not to code if he finds the quality of materials and workmanship to be sufficient.

Somehow, this doesn't seem right. What's the point of having a building code if inspectors can set whatever standards they wish?  --Charles  more...

The tragedy of a Twitter strategy Premium Content

By Robert Hahn, Wednesday, September 30, 2009.
Flickr photo by <a href="http://www.flickr.com/photos/markhillary/2950218400/">markhillary</a>.

Twitter. The word itself is enough to strike fear and loathing into the hearts of some Hollywood A-listers. And yet, within the real estate industry there is apparently no technology tool that inspires more passion than this microblogging service.

Why, a raging online debate popped up recently between Marc Davison (@1000wattmarc) and Dustin Luther (@tyr) about how to measure influence in the Twittersphere. That debate, in turn, led to this rather interesting post from Marc that included an in-depth interview with Joe Fernandez of Klout -- a service that offers a measure of your social media influence.

It's all rather interesting, and if you have a free rainy afternoon -- or live in Seattle, which I suppose is more or less the same thing ...  more...

Don't give up on your home

By Bernice Ross, Wednesday, September 30, 2009.
Flickr photo by <a href="http://www.flickr.com/photos/bixentro/1354564574/">bixentro</a>.

DEAR BERNICE: I had an interest-only jumbo loan fixed at 6.125 percent for five years. It was scheduled to readjust in 2011. I lost my job about five years ago when the company I worked for went bankrupt.

Due to my age and the nature of my job, it's highly improbable that I will be reemployed, so I started my own business. My business is growing but not yet profitable. I've been using our savings and my 401(k) to offset living and business expenses.

I would like to stay in my home but can no longer make the payments, so I applied for a loan modification directly with my lender. The lender stalled for six months and finally, after calling them repeatedly, I was told that my application was denied. The reason, I was told, is that I have too much equity in my home.  more...