by Clint Dunaway | Oct 17, 2023 | Arizona Water, Real Estate Law, Well Sharing in Arizona
What is “Runs with the Land”?:The legal doctrine of “runs with the land” refers to a principle that attaches certain rights, obligations, or restrictions to a piece of real property rather than to a specific individual. In other words, these...
by Clint Dunaway | Oct 13, 2023 | Eviction, Landlord - Tenant Law, Real Estate Law
Arizona does not permit “rent-striking” by tenants. Meaning, a tenant cannot legally withhold rent from a landlord except in a very few exceptions. A.R.S. 33-1363(A) and (B) of the Arizona Residential Landlord and Tenant Act specifically address what a...
by Clint Dunaway | Sep 7, 2023 | Civil Litigation, Real Estate Law
[vc_row][vc_column][vc_column_text]What is the Statute of Frauds? The Statute of Frauds is a legal doctrine that requires certain types of real estate contracts be in writing to be legally enforceable. Its primary purpose is to prevent fraudulent claims and...
by Clint Dunaway | Jun 19, 2023 | Civil Litigation, Landlord - Tenant Law, Real Estate Law
In Arizona, there are no real protections that prevent someone from recording fraudulent documents with a county recorder. A person can literally quit claim the Arizona State Capital building to themselves and the county will record it. The recorder’s office does not...
by Clint Dunaway | Apr 19, 2023 | Civil Litigation, Real Estate Law
What is a Motion for Summary Judgment? A Motion for Summary Judgment is a pleading used in civil lawsuits. filed where a party is asking the judge to rule the issues in dispute without the need for a trial. This is known as a summary judgment, in that it summarily...
by Clint Dunaway | Jan 20, 2023 | Civil Litigation, Real Estate Law
What is Discovery of Evidence? During a lawsuit, each party has the opportunity to request formal “discovery” from the opposing party. The Discovery process is accomplished in a variety of ways, one is to send the opposing party a formal set of requests. These...
