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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Sales Contract with Installments or Lease with Option to Buy?
American Family Mutual Ins. Co. v. Jepson, 1998 WL 348413 (8th Cir. S.D. 7/1/98). SALES CONTRACT WITH INSTALLMENTS OR LEASE WITH OPTION TO BUY?- The key lesson here is that courts will look to substance over form when determining the ownership of ...
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Sarbanes-Oxley Should Not Preclude All Broker-Assisted Cashless Option Exercises by Insiders
Although some law firms have advised public issuers to suspend broker-assisted cashless stock option exercises for executive officers and directors in light of Section 402 of the Sarbanes-Oxley Act, we believe, subject to certain limitations, that ...
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Second Circuit Rejects Insurance Company’s Attempt to Invalidate Insurance Contract
- When Warren Coolidge, then in his late 70s, bought a fire insurance policy to cover a rental property in Springfield, a section of the application asked for a yes or no answer to "Any claims/occurrences that may give rise to claims for the sic ...
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Selling an Apartment Building in the District of Columbia? Beware of Tenants’ Rights
Selling an apartment building in the District of Columbia can be a complex matter. Sellers in the District must be particularly mindful of statutory provisions specifically addressing the rights of tenants upon the sale of a rental property.Consider ...
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Some Tips to Effective Park Management
The following are some suggestions which may be useful in the day- to-day operation of your recreational vehicle and travel parks, particularly if you rent some or all of your spaces on a monthly or long-term basis ...
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Statutorily Conducted Massachusetts Foreclosure Voided for Lack of Display Advertising
The United States Supreme Court's 1994 decision in BFP v. Resolution Trust Corp., 128 L. Ed. 2d 556 (1994) ("BFP"), appeared to be a clear victory for foreclosing mortgagees. Now, at least in the Commonwealth of Massachusetts, that decision has ...
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Subcontractors Share in Financial Risk
In Christman Company v. Brown Development Company, (1996) the Michigan Court of Appeals held that "pay if paid" provisions in construction subcontracts are enforceable. According to the court, under such a provision, a subcontractor is not entitled ...
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Supreme Court Overturns Premises Liability Standard
Historically, North Carolina has observed a distinction between licensees and invitees with regard to the standard of care owed to lawful visitors in premises liability cases. In Nelson v. Freeland (citation omitted), the Supreme Court has now ...
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Taxpayer Relief for Homeowners
For homeowners, the Taxpayer Relief Act is manna from Congress. In its simplest form, it exempts most home sales from all taxes. Owners of real property in Hawaii need to be careful because of the higher numbers involved with our real property. A ...
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Texas Market Assistance Program: Road “”MAP”” for Success?
In late 1993 and early 1994, insurance availability issues came under increasing scrutiny and, by March 31, 1994, consumer advocates were openly accusing the industry of "redlining" in Texas.2 Commissioner Robert Hunter held a hearing in Houston on ...
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