In the aftermath of the pandemic, one thing everyone can agree on is that remote work is here to stay, sending a clear message to employers as they struggle to retain workers and rethink their business models. Most also agree that Covid accelerated...
The Practical Real Estate Lawyer Articles
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...
OPERATOR OWNERSHIP AND CONTROL REQUIREMENTS IN REAL ESTATE JOINT VENTURES
One of the more common ways that an institutional investor (Investor) invests in real estate is by teaming up with a local operator or developer (Operator) in a joint venture (Venture) to acquire, and sometimes develop or refurbish, real estate....
ENFORCEMENT OF JUDGMENTS (WITH FORMS)
You are retained by a client to collect a debt. You first send a demand letter. It is ignored. You then commence a lawsuit. Whether the lawsuit is contested or ignored, you finally end up on that happy day of having entered a judgment against the...
2021 EMINENT DOMAIN UPDATE:
KEY DECISIONS IN PUBLIC USE AND JUST COMPENSATIONPREREQUISITES TO THE TAKING Utah: As long as taking is for the birds, not the environmental plaintiffs, it's a public use In Utah Dep’t of Transp. v. Coalt, Inc., the Utah Supreme Court considered...
COMMERCIAL LANDLORDS BEWARE! YOU MAY BE RESPONSIBLE FOR YOUR TENANTS’ INTELLECTUAL PROPERTY INFRINGEMENTS
There are a number of risks associated with being a commercial landlord, such as the time commitment needed for maintenance and claims arising out of injuries on the property, car damage in the parking lot, dangerous structural conditions, and...
INVERSE CONDEMNATION: STANDARDS AND BURDENS OF PROOF
Generally speaking, inverse condemnation is a cause of action against a public entity when a taking of private property has occurred without a formal exercise of the eminent domain power. The proper way to raise that cause of action varies from...
CAN A LANDLORD’S BANKRUPTCY DESTROY A LEASE? A THIRD LOOK AT THE QUALITECH CASE
A lien on nothing. That is exactly what a leasehold mortgagee fears it will get when it accepts a ground lease as collateral for a commercial mortgage loan. The lease might terminate prematurely and destroy all of leasehold mortgagee’s collateral,...