Real Property

The term “real estate” generally refers to ownership or use of land. The Real Property section of FindLaw’s Corporate Counsel Center provides information on matters such as asset protection during a lawsuit, security interests in investment properties, and information on the historical tension between two competing forces: the need for new housing as the population grows, and the scarcity of adequate water supplies in many of the places where new communities are emerging. Understanding general real estate issues facing your business is of great importance for corporate counsel, regardless of the company’s specific industry. Read more about these and other subjects under Business Operations.

Property

Real Property Articles

Deeb’s Top Ten List of Construction Lien Errors

The Florida Construction Lien Laws found in Chapter 713, Florida Statutes have been held by Florida Courts to require "strict construction". Therefore, careful attention to the details of time periods and notice requirements are essential to ...
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Delivery of Recorded Notice of Completion Required in Order to Preserve Shortened Lien Periods

In 2003, the California legislature enacted California Civil Code Section 3259.5, which requires the owner of a private work of improvement to provide written notification to the "original" contractor, as well as any subcontractors and materials ...
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Developer Liability: Some Preventive Medicine

The recent proliferation of large jury verdicts and settlements obtained by plaintiffs in construction defect cases throughout the country is a powerful reminder to builders and developers of the importance of minimizing potential sources of ...
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DIRTCOM

Few topics seem more unrelated than the ever-evolving world of e-commerce and the seemingly constant world of real estate. While the possibilities in cyberspace seem endless, real estate is a finite commodity. Surprising, however, regardless of how ...
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Drafting and Litigating Use Exclusives

Commercial leases, particularly leases in retail shopping centers, often contain provisions (known as "use exclusives") that prevent the landlord from leasing space in the same mall, center, or area to a business that sells products or services ...
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Effective Life of Judgements

Given the poor economy in Hawaii, it is not unusual to secure a judgment against a party who is unable to pay you. The chase for assets may prove prohibitively expensive. I suggest that you consider recording the judgment in the Bureau of ...
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Efficient and Effective Payment Remedies in Massachusetts for Construction Claims

As we move into the new millennium, Massachusetts has moved out of the dark ages and revised its mechanic's lien statute to make it more friendly to the Construction Industry. Prior to 1997, a contractor had to record a Notice of Contract before the ...
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Environmental Group Settles Water Dispute At Shanty Creek Resort

Friends of the Cedar River Watershed, Inc. (Friends), an environmental interest group, and Go Forward Operations, Ltd. (Go Forward) have settled a lawsuit regarding the construction of a new golf course, condominium complex and hotel at the Shanty ...
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Environmental Regulatory Streamlining

In 1993, the California Legislature enacted a series of statutes which indicate, finally, that both sides of the aisle understand that excessive and conflicting regulation of business is one of the key issues driving businesses out of California ...
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Exploration Agreement Dispute Commencement of Actual Drilling

Exxon Corp. v. Crosby-Mississippi Resources, 154 F.3d 202 (5th Cir. Miss. 1998), involves an exploration agreement dispute between Crosby-Mississippi Resources, Ltd. (CMR) and Exxon. CMR claimed that Exxon had not timely commenced the drilling of ...
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