Showing 4 posts from August 2016.
The City Council of Sandy Springs, Georgia at its meeting on August 16, 2016, passed an ordinance amendment to require that certain building construction components, such as structural frame and load bearing walls, be made of noncombustible materials (i.e, not wood) in any structure over three stories and exceeding 100,000 square feet gross floor area. City staff stated as the intent of the proposed amendment to promote increased building quality, sustainability, durability, longevity, revitalization and safety.
“’Disciple of Jesus Christ’ is not an occupation, Irish High Court rules” was the headline. I clicked the link to read the latest attack on religious rights. I found instead an opinion on something completely different.
Two clients, in two different matters, recently asked me to consider whether restrictions recorded against properties in Cobb County, Georgia, continue to be effective in light of the Georgia statutory limitation (the “20-year rule”) that “covenants restricting lands to certain uses shall not run for more than 20 years…in counties for which zoning laws have been adopted.” O.C.G.A. § 44-5-60 (b). This statute applies to both building and use restrictions. See Goddard v. Irby, 255 Ga. 47, 335 S.E.2d 286, 288 (Ga. 1985)
Yes. Not to put too fine a point on it.
A typical real estate transaction involves two transfers: a deed from seller to buyer and a deed to secure debt, also called a “security deed,” from the buyer to its lender. By signing and delivering the deed, the seller conveys to the buyer, and makes certain promises (or “warranties”) regarding, title to the property. By signing and delivering the security deed, the buyer, as borrower, conveys the property to the lender to secure the loan, subject to the lender’s obligation to cancel the security deed upon full payment. A security deed also contains warranties by the borrower to the lender regarding the title to the property.
- Kyle M. Baker
- Mitzi L. Hill
- Lauren Parsons Langham
- Christina L. Moore
- Gregory G. Schultz
- John Taylor