Landlord Tenant Law

Part One of a Two-Part Article

This article describes conflicts with zoning boards and neighbors as it relates to distressed golf course properties and the methods sometimes available in the bankruptcy realm for working around the problem of restrictive covenants that run with the land.

Without Contractual Consent to Inspection, Lack of Protest Doesn't Excuse Landlord's Trespass
Resulting Trust Found Where Commercial Property Held in Just One Partner's Name

In a case addressing what consulting fees (in particular attorneys' fees) can be charged to an applicant before a Zoning Board of Appeals, the Second Department in Landstein v. Town of LaGrange found that the Town had overreached its statutory authority.

Co-Tenant Obtains Partition Upon Failure of Adverse Possession Claim
Questions of Fact Remain About Violation of Covenant Requiring Use As a Catholic High School
Mortgagor's Letter Seeking Short Sale Did Not Reset Statute of Limitations on Mortgage
Failure to Construct Facility Triggers Reverter Provision in Deed
Questions of Fact About Whether Buyers Had Made Time of the Essence
No Equitable Mortgage When Statute of Limitations Bars Written Mortgage
Cotenant Entitled to Partition with Accounting

Video Surveillance an Adequate Substitute for Lobby Attendants
Yellowstone Injunction Unavailable When Tenant Could Not Establish Willingness to Cure
Landlord Prevails In Nonprimary Residence Proceeding

Shareholder Can Compel Board to Cooperate With Building Department

Despite their seemingly lackluster nature, well-drafted insurance provisions in a contract between a landlord and tenant can be extremely important when it comes to mitigating potential exposure and protecting a shopping center's assets.

Many community hospitals are in distress. The causes are varied but have a constant theme — the cost to adapt to a rapidly changing environment.