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
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Failure to Buy Title Insurance can be a Costly Mistake
Title insurance has become so common now in real estate transactions that its existence is almost taken for granted, but it is not always obtained,. Sometimes property purchasers deliberately decline to purchase a title insurance policy and, in ...
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Federal Regulators Issue Statements On Lender Payments To Mortgage Brokers And Fair Lending
HUD has finally issued its policy regarding lender payments to mortgage brokers. The Policy was published in the Federal Register on March 1, 1999 and was effective on that date. The Policy was issued as a result of the directive of Congress in ...
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Financial Services Update: Issues to be considered when financing a leasehold interest with a subordinated fee
When determining whether to finance a ground lease, the first question most likely to be asked is "Can the fee interest be subordinated to the mortgage financing, either by the terms of the ground lease, or by the acquiescence of the fee owner?" If ...
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For Sale By Owner
In Northern Virginia we are involved with a limited supply of houses and an over supply of purchasers. This leads many owners of real property to market their own homes without listing the property with a real estate company. This can be a ...
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Freehold Lease Litigation And The Reality of Nominal Damages
A recent case in Saskatchewan which meandered through various court levels for years (leave to appeal to the Supreme Court of Canada was refused) should send shivers of fear through freehold lessors and their counsel who feel some compunction to ...
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Fungus Amoung Us
Following the torrential El Niño rains of 1998, water entered into building exteriors through every crack and crevice. As a result, there may be danger hiding just behind the wall, in the attic, the crawl spaces or under the carpet. This is not ...
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General Public Becomes Increasingly Aware of the Dangers of Lead-Based Paint Are you Making the Proper Disclosures?
In 1992, Congress passed the Residential Lead-Based Paint Hazard Reduction Act, also known as Title X. This law requires that sellers, landlords, brokers and managers of certain properties disclose information on lead-based paint and related ...
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Global Outsourcing Raising New Legal Issues
Economic pressures on U.S. companies are forcing many to send unprecedented amounts of technology work to low-cost service providers overseas. Civil and international conflict combined with the pervasive threat of terrorism, however, raises three ...
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Going-Out-of-Business Sales in Bankruptcy: Protecting the Landlord Survival Guide
As more and more retail enterprises file for bankruptcy, commercial landlords are often confronted with tenants who wish to conduct bankruptcy court-approved going-out-of-business sales ("GOB sales"). From the landlord's perspective, these sales are ...
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Got Water
Early California settlers knew that a stable water supply was one of the most important components of any new settlement. They also found that water was often a scarce commodity in the West. Battles over available water resources were not uncommon ...
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