Features

Fifth Circuit Ruling Gives Commercial Lessees Likely Protection In Bankruptcy Court Free and Clear Asset Sales
The Fifth Circuit signaled that it would not approve in later cases a bankruptcy court asset sale of real property that summarily cuts off the rights of the debtor's lessees.
Features

Investing In Real Estate In the Metaverse: What You Need to Know
For law firms, real estate companies and corporations, buying property in the metaverse so early on could go one of two ways: giving them a crucial advantage in an increasingly digital economy, or becoming a decision they'll regret if the concept fails to take off.
Features

PA Ruling Shows Power of Obtaining Mechanic's Lien
In Pennsylvania, if a contractor is not paid for repairs or improvements made to real estate, the contractor can either take the traditional path of litigation and sue the property owner by filing a complaint under contractual or equitable theories or file for a mechanics' lien that clouds title to the real estate.
Features

Landlords Turn the Tech to Keep Up With Sustainability Requirements
Government policies are pushing landlords to meet new sustainability requirements, heaping pressure on investors to back up their efforts to go green. In response, more owners are relying on AI and other technologies to help them meet the challenge and avoid steep financial penalties.
Features

7 Concerns for Commercial Real Estate Investors In a Volatile Market
It appears that the CRE industry is entering a period of high volatility with the Fed promising to raise interest rates, soaring inflation, the war in…
Features

How the SEC's ESG Disclosure Rules Might Effect Commercial Real Estate
After years of discussions and hints, the Securities and Exchange Commission (SEC) finally released its proposed environmental disclosure rule for public company reporting. Getting the information and making the determinations will be a challenge for any sized company that comes under the SEC's purview. But there are significant questions about who is responsible for gathering and reporting information from commercial real estate facilities.
Features

Second Circuit Reverses Course and Denies Article III Standing for Statutory Damage Claims Arising Out of Untimely Recording of Mortgage Discharges
Maddox v. Bank of N.Y. Mellon Trust certainly affords safeguards to lenders and mortgagees in that Maddox now narrows a borrower's ability to pursue class damages in federal court for lenders and services for failure to timely record mortgage satisfactions.
Columns & Departments
Landlord & Tenant Law
Landlord Not Entitled to Indemnification for Injuries Suffered on Adjacent Sidewalk Discovery Necessary to Determine Whether Rent Concession Was Equivalent of Preferential Rent Landlord Entitled to Exclude Rent Concession In Calculation of Regulated Rent Lessee Entitled to Cancel When Lessor Did Not Acquire Title By Acquisition Deadline Discounted Rent Was Legal Regulated Rent
Columns & Departments
Development
Local Law Was Consistent With Comprehensive Plan Planning Board Lacked Authority to Waive Zoning Requirements
Columns & Departments
Real Property Law
Easement By Necessity Claim Raises Question of Fact Merger Doctrine Barred Breach of Contract Claim But Not General Business Law Claim Business Judgment Rule Did Not Bar Claim Against Homeowners Association Insufficient Necessity to Support Easement By Implication Claim
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