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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Legislative Update: Maryland Condominum Act Revised
In its 1997 session, the Maryland General Assembly amended the Maryland Condominium Act by providing that a council of unit owners, through its board of directors, may specifically designate parking for the handicapped "notwithstanding any ...
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Legislature to Decide Whether Cities can Force Closure of Lawful Business Use without Compensation
Several months ago we advised business and property owners of the importance of following the municipal Comprehensive Planning process, now underway, in order to protect future real property development opportunities in the metropolitan area. Since ...
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Liens Against Public Funds
The Illinois Legislature created the Mechanic's Lien Act (the "Act"), 770 ILCS 60/1 et seq., as a method to secure payment for contractors, subcontractors, and material suppliers on construction projects. The Act provides two separate and distinct ...
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Liquidated Damages/Foreclosure Sale
Costal Leasing Corporation v. T-Bar S Corporation, 128 N.C. App. 379 496 S. E. 2d 795 (1998). LIQUIDATED DAMAGES/FORECLOSURE SALE. The North Carolina court upheld the liquidated damages clause under pre-UCC Article 2A law but reached the unusual ...
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Maryland Law on “Implied Exclusives” is Unclear
The Maryland federal and state courts have considered, on several occasions, whether there is an "implied covenant of exclusivity" in commercial leases. The issue in these cases is whether a landlord is precluded from leasing space to a new tenant ...
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MD&A Issues, Off Balance Sheet Financing And New Audit Committee Responsibilities
Richard Langan, Business Group Leader at Nixon Peabody LLP, presented a discussion on two current management's discussion and analysis ("MD&A") issues, off balance sheet financing, and new audit committee responsibilities. He began by noting that ...
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Modern Real Estate Law
in real property are traditionally called the "bundle of rights." Most basic of these rights are possession, quiet enjoyment, control and disposition. One who owns property has the right to possess, occupy, enjoy it without undue interference, and ...
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Navigable Rivers Are Public Rivers
In a recent Pennsylvania case, a fly fishing club sued to prevent nonmembers from fishing in a section of the Lehigh River. The club leased considerable acreage along two miles of the Lehigh River and stocked the river with fish. Claiming that the ...
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New Law Requires Park Owners to Make Disclosures to Prospective Tenants
On September 27, 1999, Governor Gray Davis signed Senate Bill 534. This new law becomes effective January 1, 2000. It requires lengthy and detailed disclosures about a manufactured home community and its infrastructure every time a manufactured home ...
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New Laws and Trends in Canadian Property Leasing
As you will recall, in January of 2004, the Supreme Court of Canada released its long-awaited decision in Crystalline Investments Limited v. Domgroup Ltd. ("Crystalline"), 2004 S.C.J. No. 3. The Supreme Court in Crystalline, (upholding the ...
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