There are people who believe that zombies will take over the world one day. Today, however, digital information rules the world. In the United States and many other industrialized nations, almost all non-verbal communications (as well as notes and...
Real Estate Articles
STEWARDING AMERICA’S FEDERAL PUBLIC LANDS
“This land is your land, this land is my land.This land was made for you and me.”—Woody Guthrie INTRODUCTION The iconic Woody Guthrie Song “This Land Is Your Land” is a song celebrating the great diversity of landscapes which define the geography...
GROUND LEASES: HOW TO MARRY FUNCTION AND FINANCEABILITY
We all know that ground leases, in which the tenant (Tenant or Ground Lessee) leases land for a very long term, present a special kind of challenge. The Tenant controls the improvements on the property during the lease term, but at the end of the...
REAL ESTATE JOINT VENTURES: SHARING PURSUIT COSTS
In any joint venture formed to acquire real estate, one point that should be addressed early in the process is whether, the extent to which, and how the parties intend to share costs incurred by each party individually in furtherance of the venture...
LIMITS ON CERCLA RECOVERY FOR LEGACY SITES: EMERGING STATUTE OF LIMITATIONS ISSUES
The Comprehensive Environmental Response Compensation and Liability Act (CERCLA)1 imposes strict liability for environmental cleanup costs on several categories of parties, including current owners and operators that had no hand in contaminating...
THE GREENING OF COMMERCIAL REAL ESTATE
GREEN LOAN GUIDELINES Lenders and investors alike have become progressively concerned about climate change and the effect their lending and investment decisions may have on the environment. As such, they are seeking ways to reduce their carbon...
GREEN FINANCING AND TAX INCENTIVES FOR THE COMMERCIAL REAL ESTATE INDUSTRY
The application of ESG considerations varies from industry to industry; however, the impacts of climate change particularly affect the real estate industry. The increased frequency and strength of natural disasters not only affects the physical...
COST OVERRUN PROVISIONS IN REAL ESTATE JOINT VENTURE AGREEMENTS
Real estate investments often involve construction (Project), such as ground-up development, renovation, or tenant improvements, and a heavily negotiated issue in a joint venture relationship is how and to what extent Project cost overruns are...
THE USE OF MASTER LEASES IN COMMERCIAL REAL ESTATE TRANSACTIONS
There is no single legal definition of a “master lease.” Such an arrangement may be used in equipment leasing as well as in the real estate space. A master lease may be an alternative to traditional bank financing or a means of credit support. It...