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Columns & Departments
Town Did Not Obtain Prescriptive Easement to Discharges Stormwater Over Neighboring Land -Adverse Possession Claim Rejected Because Use Was Permissive -No Injunction Against State for Failure to Stop Neighbor’s Unauthorized Use of State Property -Foreclosing Lender Entitled to Second Opportunity to Establish Fair Market Value In Attempt To Recover Deficiency Judgment -Offer to Purchase Does Not Negate Hostility Requirement for Establishing Adverse Possession
Columns & Departments
Class Certification Upheld On Habitablity Claim -Colorable Claim of Fraud Justifies Looking Back Past Four Years -Tenant Entitled to Return of Deposit Because Lease Was Illegal
Columns & Departments
Shareholder’s Easement By Necessity Claim Reinstated
Features
In today’s climate of rising interest rates, stretched borrower balance sheets, and starkly uneven recovery across asset classes, defaulted loans have emerged as a prime hunting ground for investors with legal acumen. Capturing this opportunity requires more than a blunt foreclosure “hammer” — it demands a surgical enforcement playbook.
Columns & Departments
Variance Annulled For Failure to Make Findings of Fact -Variance Denial Upheld When Owner’s Hardship Was Self-Created
Features
When it comes to structuring a real estate deal, one of the most fundamental questions is whether the land should be leased under a long-term ground lease or sold outright. At first glance, the distinction may seem simple: a ground lease allows a landowner to retain ownership, and the tenant is permitted to use and improve the land, while a sale conveys fee title to the purchaser. But the legal, financial, and practical consequences of this choice are significant and can shape the future of a property for decades.
Features
Florida House Bill 7031, eliminating the state’s sales tax on commercial real estate leases beginning Oct. 1, 2025. This long-awaited and sweeping reform ends Florida’s reign as the only state in the nation to impose such a tax and marks a sea change in the state’s commercial leasing landscape.
Features
In today’s economic landscape, many businesses are turning to alternative financing models to access liquidity without disrupting operations. One such strategy — once a niche transaction type, now in the mainstream of real estate finance — is the sale-leaseback. This financial mechanism allows property owners to leverage real estate equity while continuing to occupy and operate their properties.
Features
Real estate businesses and lawyers encounter indemnity provisions in virtually every type of commercial contract. While indemnitees often insist on broad indemnity protection, business owners should be aware of, and try to avoid being bound by, generic indemnity provisions which can be contextually overbroad and result in unanticipated enforcement results.
Features
Law firm leasing grew significantly during the first half of 2025, posting the highest square footage total since 2018, according to a recent Savills report.