Carl Kandutsch Law Office

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(214) 427-5354Call Visit WebsiteVisit Website Map & DirectionsDirections2520 K Ave Ste 700Plano, TX 75074 Write a ReviewWrite Review

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Mon - Fri:	8:00 am - 5:00 pm

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The Kandutsch Law Office is a small law firm offering personalized, comprehensive legal services to owners and managers of apartment, condominium, and other common interest communities, as well as broadband service providers.

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http://www.kandutsch.com

https://www.kandutsch.com

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Attorneys, Bankruptcy Law Attorneys, Business Litigation Attorneys, Personal Property Law Attorneys, Real Estate Attorneys

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Details

Phone: (214) 427-5354

Address: 2520 K Ave Ste 700, Plano, TX 75074

Website: http://www.kandutsch.com

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Carl Kandutsch Law Office

Business and Corporate Law

Antitrust
Structural measure (based on the idea, drawn from antitrust law, that in order to ensure a competitive market, competitors must have equal access to the incumbent's unique "essential facilities"), net neutrality was and is a behavioral measure. The regulated firm is not required to take affirmative steps, but merely to forego certain possible steps.

Real Estate Litigation
A former FCC attorney, is in private practice representing MDU property owners and broadband service providers on broadband communications and related real estate matters. Dr. Kandutsch serves on the Board of Directors of the Multifamily Broadband Council (which filed comments opposing the San Francisco ordinance), and may be contacted through his website (
Easement
Condominium Law
However, another provision of the Florida condominium law states that a board of administration may not vacate an easement created in whole or in part for the use or benefit of someone other than the unit owners without the consent of the affected third party. A Florida court stated: "Standard real estate easements recorded in the public records by the developer, referred to in the declaration and prior to any unit sales, are not cancelable by a later formed association under Section 718.302... which statutory provision is clearly only directed toward contracts for vending machines, management and the like... an easement granted to anyone other than a unit owner cannot be cancelled without the consent or approval of those third parties to whom the easement was granted."

Foreclosure
Likewise, if a mortgage holder acquires a property by foreclosure under a deed of trust, an easement created after the mortgage was granted is generally extinguished as a result of the foreclosure transaction.3 One more example: An easement in gross, which benefits a person or an entity rather than an adjacent tract of land, is personal in nature, like a license. Therefore, unlike other easements, an easement in gross (such as an easement granted to a cable or telephone company to access an MDU complex) is not assignable without language expressly granting the easement holder the right to assign. Suppose Cable Company A is granted an easement in gross to access Property X for the provision of cable services and the grant of easement does not include an assignment clause. If A's assets at Property X are purchased by Cable Company B, B does not hold an easement into Property X, because without language explicitly giving A the right to assign the easement, the easement does not transfer from A to B.

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