Entries by Drescher Elson Sperber, P.C.

PUBLIC RIGHT OF WAY BY PRESCRIPTIVE USE

“Where have you been?” you ask. “I took my cats to the coast,” I reply. “That’s ridiculous,” you say.  “Cats don’t like water.” “Mine do, “ I say.  “They are very courageous and adventuresome.” “You’re always bragging about your cats,” you say, “and what does a trip to the coast have to do with an […]

IF IT SOUNDS TOO GOOD TO BE TRUE

Let’s say that you acquire, free or for a pittance, the tangibles left in a commercial space by a business that went belly up.  Should you be concerned about the unpaid creditors and back taxes of the former business? “That’s a dumb question,” you say. “I wouldn’t be responsible for their unpaid creditors and taxes.  […]

GET IT IN WRITING

We all know that an agreement to buy (or sell) real property has to be in writing, but what other types of agreements have to be in writing?  The answer is, an agreement that will not be performed within one year or involving more than $1,000. “Give me an example,” you say. “Okay.   Let’s say […]

DEATH AND TAXES

“Nothing is certain but death and taxes.” Well, that’s not exactly true. I can be certain that our cat, Boris, will sleep 22 hours a day, and our cat, Marlin, will go in and out of the house at least 16 times a day. I also know that there are ways to reduce or eliminate […]

Asset Protection

Collector with hair oil and cologne:  “I am here to enforce my judgment against you.” Retiree in sandals and blue jeans:  “All of my assets are protected in a family LLC.” Collector:  “I’ll seize your interest in the LLC.  I’ll take all your money.” Retiree:  “Oh no you won’t.  It is an asset protection LLC.” […]

Avoidable Transfers

Bill Collector with Waxed Handlebar Moustache:  “I have a writ of execution to seize your tuba.     Hand it over.” Judgment Debtor in Faded  T-shirt with Holes:  “You’re too late.   I sold it to my roommate yesterday for a dollar.” Bill Collector:  “That’s an avoidable transfer. I’m taking the tuba.” Judgment Debtor:  “Says who?” Bill Collection:  […]

Vicarious Liability

Angry Customer on Crutches:  “I tripped on a pencil left on the floor by one of your employees and sprained my ankle.” Tired Shopkeeper with Broom:  “That must have been Buster.  I fired him yesterday for dropping  his pencil.  What can I do for you?” Angry Customer:  “You can pay me $15,000 plus medical expenses.” […]

Triple Net Leases

Shopkeeper with six children:   “You can’t raise my rent.  I have a lease.” Landlord with six buildings:  “It’s a triple net lease.” Shopkeeper:  “What does that mean?” Landlord:  “It means I can raise your rent.” Let’s talk about triple net leases. With a triple net lease, the tenant pays for (1)  repairs and maintenance; (2) […]

Corporations

Little Boy Selling Lemonade:  “Here’s your lemonade, Mrs. Grenshaw, and here’s your receipt. Elderly Lady in Sun Hat:  “Thank you, Tommy, but the receipt says, ‘Eastside Lemonade, Incorporated.” Little Boy:   “My daddy says that I have to put that on all my receipts.” Elderly Lady:  “Oh, of course.  I forgot that your father is a […]

Easements

Young Man on Bicycle:  “I have an easement to go across your property.” Old Man with Shotgun:  “Oh, yeah, then show it to me.” Young Man:  “It’s a prescriptive easement. “ Old Man’s Shotgun:  “Click-click.” Let’s talk about easements. An express easement is a written instrument that gives someone the right to do something on […]