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Second Department Explores Scope of Conservation Easement
The conservation easement has become a common mechanism for achieving a variety of preservation objectives. Occasionally, however, disputes arise about the easement's scope: What remaining uses can the grantor of the easement make of the underlying fee interest? The Second Department faced that issue this summer in Orange County Land Trust v. Tamira Amelia Farm, LLC (NYLJ 7/21/16, p.25, col. 1.).
The Conservation Easement Statute
Section 49-0303 of the Environmental Conservation Law defines a conservation easement in real property as an interest “which limits or restricts development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural, or national condition, character, significance or amenities of the real property ' ” Section 49-0305(3) provides that a conservation easement “ shall be held only by a public body or not-for-profit conservation organization ' ”
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?