Columns & Departments

Eminent Domain Law
Condemnation Upheld Because It Did Not Interfere With Prior Public Use
Features

Effect of Trump’s Tax Plan on Commercial Real Estate
Many industry leaders, analysts, and pundits have broadly considered how the Trump administration’s and GOP-majority Congress’ plans might affect commercial real estate. The Deloitte Center for Financial Services looked at six key parts of the Tax Cuts and Jobs Act, which is set to expire by the end of this year, and the likely implications on domestic and global CRE.
Features

Lease Analysis Gives Win for Commercial Landlord In Bankruptcy Case
The Second Circuit ended a multi-year litigation by affirming a district court’s decision that a landlord’s appeal was “moot for lack of a remedy because, although [that] court [had properly] vacated the assignment and assumption of the lease …, the lease would not revert to [the landlord under Code] §365(d)(4), and that [the landlord] had no alternative remedy.”
Features

Real Property Sale Proceeds Must Be Used to Pay Unavoided Portion of IRS Tax Lien First
Given the downward pressure on commercial real estate valuations in many areas, and the increasing likelihood that owners of real property will cease paying real property taxes when there is no longer any equity, this article reports on a recent Ninth Circuit decision that reversed a decision of the bankruptcy court, affirmed by the district court, allocating the distribution of the proceeds of a sale of real property pro rata between the Internal Revenue Service on account of its tax lien, and the bankruptcy estate.
Features

Appellate Division First Department Declares Fee Mandate of Soho/Noho Rezoning Unconstitutional
This past December, the Appellate Division, First Department struck down a key provision of New York City’s recently amended Zoning Resolution.
Columns & Departments
Landlord & Tenant Law
Yellowstone Injunction Denied Because Failure to Procure Insurance Is an Incurable DefaultLandlord Bound By Agreement Setting Market Rent At Pandemic Levels
Columns & Departments
Co-ops and Condominiums
In Tax Foreclosure Proceeding, Condominium Board Entitled to Recover Only Those Common Charges Covered By Its LienProprietary Lease Gave Co-Op Authority to Mandate Removal of Whirlpool
Features

Franchisers: Watch Out for Fraud When Using a Franchise Broker
Because franchise brokers have been historically free from making any type of disclosures about their pre-exiting relationship with the franchise companies they are marketing to the prospect, the prospect often feels that the broker is working for them, when in fact, the broker has a financial incentive to make a sale.
Features

Trump Looks to Sell Fed Offices to Private Sector While Demanding Full RTO
The Trump administration wants to sell two-thirds of the government’s office stock to the private sector. The actions could have a significant impact on the DC property market. Many landlords depend on the government as an anchor tenant. If the space is suddenly cut loose, it could fall in value and leave owners without many options.
Columns & Departments
Real Property Law
Mortgagee’s Claim Time-BarredEasement By Prescription EstablishedHearing Necessary for License FeeQuestions of Fact About Right to Park Over Servient LandMonuments Take Priority Over Metes and Bounds Description
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Undercutting the Cost of Underperforming Attorneys Is Your ResponsibilityAs a firm leader it is your fiscal responsibility to address underperforming attorneys. With COVID-19, are your underperformers flying under the radar? The cost to a firm is not only to the bottom line, but to your reputation as a leader.Read More ›
- Broker Lien LawsToday, 34 jurisdictions have some form of statute that specifies whether, how, and for what a broker may file a lien for the non-payment of a commission in connection with the sale or lease of commercial real estate. A few states simply give brokers the right to file liens under mechanics' lien statutes, but more than 30 have enacted broker-specific lien laws.Read More ›
- The Article 8 Opt InThe 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.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis 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.Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith 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.Read More ›