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

New Laws Have Yet to Stem Tide of Condo Suits: Legislature’s Goal Was to Curb Litigation, Lower Insurance Costs and Promote Multifamily Housing Projects

Condominium construction defect litigation has increased dramatically in the Northwest in recent years. While some homeowners have received benefits from settlements and some judgments, these lawsuits may be a significant factor in the dramatic ...
Read More »
Ninety Means Ninety

The Michigan Construction Lien Act (CLA) requires that a Claim of Lien be recorded with the Register of Deeds within days of the last date of work. Some have argued that the statute permits the extension of this time period if there is "substantial ...
Read More »
Notice to Owner Must Substantially Comply with Statutory Form

In Allstar Building Materials, Inc. v. Kronauer, 24 Fla. L. Weekly D53 (Fla. 5th DCA Dec. 23, 1998), the Fifth District Court of Appeals upheld dismissal of a material supplier's lien foreclosure for failure to substantially comply with the ...
Read More »
Oil and Gas Mergers and Acquisitions in Canada

There has been a great amount of merger and acquisition activity in the oil and gas industry in the last several years, particularly in the last 18 months. Most of the recent activity has been private M&A involving purchases of oil and gas ...
Read More »
Open Space Tax Benefits Threatened For Golf Course Owners

Many golf course owners have significantly decreased their tax burden by entering into special state sponsored "open space covenants" with the county in which the course is located. However, at least one county in Pennsylvania is threatening golf ...
Read More »
Option to Renew Lease Must Have Determinable Price

In T. B. Guillory, Inc. v. North American Gaming Entertainment Corporation, 1999 La. App. LEXIS 3 (La. App. 3d Cir. Jan. 6, 1999), the Third Circuit Court of Appeal held an option to renew a lease to be unenforceable because it lacked a determinable ...
Read More »
Owner’s Payments of Reduced Amounts to Subcontractors Found to be Unfair and Deceptive Trade Practice

Can an owner, who is in a dispute with the general contractor, pay subcontractors reduced amounts on their contracts without first obtaining the consent of the general contractor? According to a recent decision by a Boston Municipal Court trial ...
Read More »
Payment of Rent during Appeal

On October 1, 1998, North Carolina enacted Session Law 1998-125, entitled "An Act To Require Tenants To Pay To The Clerk Of Court The Amount Of Rent In Arrears To Stay The Execution Of Judgment For Summary Ejectment Pending Appeal To District Court ...
Read More »
Personal Liability Protection

More and more law suits are being filed in the United States in ever expanding areas of litigation. Last year approximately one million attorneys filed twenty million law suits in the USA. Nearly 95% of the law suits on the planet are filed in this ...
Read More »
Planning for San Francisco’s Future: Information Technology and Biotech

The nation's and Bay Area's economies are evolving rapidly. New industries continue to evolve in sectors that may be as hard to imagine as the Internet was only a decade ago. Accommodating new businesses that don't fit our conventional vision of ...
Read More »