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...
Real Estate Articles
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...
WETLANDS REGULATIONS
A wetland is an area of land that is either covered by water or saturated with water for at least part of the year. The depth and duration of this seasonal flooding varies. There are various types of wetlands, generally categorized as either...
NON-COMPETE PROVISIONS IN REAL ESTATE JOINT VENTURE AGREEMENTS
A thorny question in any joint venture relationship is to what extent the partners are permitted to freely engage in business outside of the venture that may compete with the venture. On the one hand, certain partners are likely to engage in...
VALUATION OF REAL PROPERTY WHEN THERE HAS BEEN A RECENT PURCHASE PRICE
In any trial to determine the value of real property, whether it be an eminent domain taking, or an application to reduce assessed taxes, a recent sale of the parcel will be extremely relevant. If a sale was an open market transaction with a buyer...
Modern Real Estate Transactions 2020
American Law Institute Continuing Legal Education (ALI CLE) has announced that Modern Real Estate Transactions 2020 will be held on February 5-7, 2020 in Phoenix, AZ. This year’s course features several new speakers in addition to a new co-chair,...
Eminent Domain and Land Valuation Litigation 2020
ALI CLE presents Eminent Domain and Land Valuation Litigation 2020. Nashville, January 23-25, 2019. Annual Advanced Course and Live Video Webcast. Visit www.ali-cle.org/course/CB005 for more information. American Law Institute Continuing Legal...
An Introduction to Third-Party Closing Opinion Letters (Part 1)
Before writing this article, I intended to jump right to the details of third-party closing opinion letters for secured lending transactions involving personal property collateral. However, after reviewing many materials and reflecting on my...