Residential Real Estate

Read Commercial Real Estate Law updates, news, and legal commentary from leading lawyers and law firms:

News & Analysis as of May 25, 2013

Barbara Knoflach, CEO of SEB Asset Management, on the rise of cross-border real estate investment
Ventas' Debra Cafaro on why the Health Care asset class is well positioned in today's economy
Jeffrey DeBoer on the intersection of Washington and commercial real estate
Navigating the Winds of Change in Commercial Real Estate
California Commercial Building Owners Must Disclose Energy Usage of the Building During Sale, Lease or Financing after July 1, 2013
Action Required by California Commercial Landlords: New California Law Goes Into Effect July 1, 2013, Requiring Accessibility Disclosures in Commercial Leases
Transbay Tower Groundbreaking
Bisnow/Allen Matkins - LA Property Management - Patrick Lacey, Property Management Associates
Bisnow/Allen Matkins - LA Property Management - Kevin Kirn, Health Care REIT, Inc.
Bisnow/Allen Matkins - LA Property Management - John Fucci, Kilroy Realty
Bisnow/Allen Matkins - LA Property Management - Charlie Hobey, Equity Office
Bisnow/Allen Matkins - LA Property Management - Brian Plymell, Hines
Which environmental regs may impact your development projects?
California Commercial Real Estate Forecast - Industrial & Multifamily Remain the Bright Spot in the Winter 2013 Allen Matkins/UCLA Anderson Survey Results
California Commercial Real Estate Forecast - Allen Matkins/UCLA Anderson Winter 2013 Survey Reveals Dip in Developer Sentiment
California Commercial Real Estate Forecast - Allen Matkins/UCLA Anderson Survey Results Reveal Tension Between Developer Sentiment & Action
Former Congressman Steve Bartlett Joins the LEVICK Team
Taking it Seriously: Unusual Lease Violations in Virginia
Understand both sides' interests to get best results for your clients
"Bisnow/Allen Matkins LA Industrial and State of the Ports - " Mark Payne

Real World - May 2013: Residential service charges – mixed news for landlords on statutory consultation

by Scott Curtis | Dechert LLP on 5/24/2013

The decisions in Phillips & Goddard v Francis and Daejan Investments Ltd v Benson cause further uncertainty in already muddied waters for landlords seeking to pass on the cost of works to residential tenants....more

Trustee Empowered To Void Foreclosure Sale Where Error Discovered Before Delivery Of Trustee’s Deed

by Tara C. Narayanan | Miller Starr Regalia on 5/22/2013

California’s Supreme Court affirmed a trustee’s right to void a non-judicial foreclosure sale based on mistakes in the foreclosure process discovered before delivery of a trustee’s deed to the successful bidder. ...more

Weekly Law Resume - May 16, 2013: Insurance Coverage – Duty to Defend – Vacant Property

by David L. Blinn | Low, Ball & Lynch on 5/22/2013

Travelers Property Cas. Co. of America v. Superior Court of California, County of Los Angeles - Court of Appeal, Second District (April 17, 2013) - Most insurers do not like to insure empty buildings. Consequently,...more

Appeal Court Confirms That Innocent Party Must Clean Up Pollution

by Jack Coop, Jennifer Fairfax, Daniel Kirby, Paul Morassutti, Lindsay Rauccio, Patrick Welsh | Osler, Hoskin & Harcourt LLP on 5/13/2013

In a decision in Kawartha Lakes (City) v. Ontario (Environment), on May 10, 2013, the Ontario Court of Appeal unanimously dismissed the appeal of the City of Kawartha Lakes (the City), which sought to overturn a decision of...more

Tennessee Property Tax Assessment Appeals: Davidson County in Reappraisal Year

by Brett R. Carter, Joseph Gibbs, Patricia Head Moskal, Brian Shelton | Bradley Arant Boult Cummings LLP on 5/9/2013

With Davidson County and several other Tennessee counties in reappraisal years, we remind Tennessee property owners that now is the time to request an appointment to appeal real or personal property assessments if you...more

Time For Superior Court Revaluation Appeals Is Running Out

by Pullman & Comley, LLC on 5/3/2013

Most boards of assessment appeals have mailed notices of their decisions, or are about to do so, to property owners who challenged their October 1, 2012 revaluation assessments this past winter....more

Pa. Supreme Court Issues Decision in Butler Case

by Michael Connelly | Spilman Thomas & Battle, PLLC on 5/2/2013

On April 24, 2013, the Pennsylvania Supreme Court issued its highly anticipated decision in the Butler v. Charles Powers Estate case. The Supreme Court decided to maintain the status quo in Pennsylvania by reaffirming the...more

An Update On North Carolina's New Lien Agent System

by Martin Flyke | Poyner Spruill LLP on 4/30/2013

On April 1, 2013, the changes to North Carolina’s construction lien laws enacted in July 2012 became effective. For a general overview of the pertinent changes, please review the articles written by Brian Corbett and Tom...more

New York Case Law Shorts

by Johnny D. Hall, Esq. on 4/28/2013

This Posting: Foreclosure/Judicial Activism/Judge Admonished/Standing...more

New York Case Law Shorts

by Johnny D. Hall, Esq. on 4/24/2013

Case law summaries of recent court decisions in New York appellate courts....more

Abolishment of Limitation Periods for Contaminated Sites in BC Put on Hold

by Wally Braul, Laura Gill, Michael Theroux | Bennett Jones LLP on 4/23/2013

In 2012, the government of B.C. passed legislation that would eliminate any limitation period previously applicable to actions to recover the costs of environmental remediation under the Environmental Management Act, S.B.C....more

Disclaiming Eminent Domain Defendants: To Dismiss or not to Dismiss?

by Rick Rayl | Nossaman LLP on 4/22/2013

Recently, we came across an interesting request from an attorney for a condemnee. The condemnee had filed a Disclaimer in the eminent domain action, stating that they had no interest in the property being condemned. This,...more

Alabama Taxpayers' Bill of Rights II Passes Easily In House; Other Important Tax Bills of Interest

by Bruce Ely, James Long, Dave Stewart, William Thistle | Bradley Arant Boult Cummings LLP on 4/12/2013

On April 4, Birmingham attorney and State Representative Paul DeMarco led the effort to pass the 2013 version of the Alabama Taxpayers’ Bill of Rights II, HB 264. The House of Representatives voted 96-2 in favor of the bill....more

Calif. Plumbs The Depths Of Water Damage Exclusions

by Jose Umbert | Zelle Hofmann Voelbel & Mason LLP on 4/12/2013

A recent decision by the California Court of Appeal confirms the willingness of courts in California to enforce exclusions for water damage in property policies, thus precluding coverage for the policyholders’ alleged...more

Follow Up on IRWA/Appraisal Institute "2012 Eminent Domain Year in Review" Presentation

by Rick Rayl | Nossaman LLP on 3/20/2013

For those of you who attended the joint meeting today between Chapter 1 of the International Right of Way Association and the Appraisal Institute, we promised to post a cheat sheet that reminds you about the cases associated...more

Illinois Supreme Court Issues New Procedural Rules for Foreclosures

by William Dorsey, Timothy Patenode | Katten Muchin Rosenman LLP on 3/1/2013

On February 22, 2013, the Illinois Supreme Court adopted a set of new procedural rules that will impact both residential and commercial foreclosures in Illinois. The new rules are scheduled to go into effect as early as March...more

Does The January 1, 2013, Assessment Represent Your Property’s Fair Value?

by Marie-Pierre Gauthier, Pierre Huard | Heenan Blaikie LLP on 2/25/2013

Dans certaines municipalités, un nouveau rôle triennal pour les années 2013, 2014 et 2015 est entré en vigueur le 1er janvier 2013. Vous avez reçu un avis d’évaluation établissant la nouvelle valeur de votre immeuble. Si vous...more

Commonwealth Court Opinion Contains Important Lessons for Property Owners

by Randy Varner | McNees Wallace & Nurick LLC on 2/22/2013

On January 23, a panel of the Commonwealth Court in Krohn v. Snyder County Board of Assessment Appeals, Nos. 116 and 117 C.D. 2012 (January 23, 2013), overturned an attempt by Snyder County to reassess a two acre tract of...more

California Supreme Court Eases Admissibility of Oral Statements in Contract Fraud Disputes

by Melissa Lor | Schnader Harrison Segal & Lewis LLP on 2/22/2013

California, like most jurisdictions, prohibits parties to integrated contracts from introducing “parol evidence” — this is, evidence of prior written or verbal agreements made by a party to a contract — if those alleged...more

Promises to Keep—Lender Beware: California Supreme Court Expands Parol Evidence Fraud Exception

by Craig A. Barbarosh, Jennifer Brooks, Karen B. Dine | Katten Muchin Rosenman LLP on 2/21/2013

In 1935, the California Supreme Court in Bank of America National Trust and Savings Ass’n v. Pendergrass prohibited a borrower from introducing external or parol evidence to demonstrate fraud in connection with an agreement...more

Ready or Not, Here It Comes: Philadelphia's Actual Value Initiative Assessments Are in the Mail

by George Kroculick, Michael J. McCalley | Duane Morris LLP on 2/15/2013

Today, the Philadelphia Office of Property Assessment (OPA) begins mailing out the new "Actual Value Initiative" (AVI) reassessment figures to every property owner within the city. The new assessments are intended to reflect...more

New Jersey Property Tax Appeal Time

by Susan Feeney, Frank Ferruggia, Daniel Zazzali | McCarter & English, LLP on 2/15/2013

It is property tax appeal season in New Jersey. If you own or lease commercial, residential and/or investment property in New Jersey, now is the time to review whether you should file a 2013 appeal. ...more

Florida Statute Section 702.10 – Expedite Foreclosure Procedure

by Neha Dagley | Schecter Law on 2/14/2013

Florida Statute section 702.10 provides for an expedited procedure by which a mortgagee can seek to foreclose on a mortgage. Through this statutory section, a mortgagee can accelerate a foreclosure case by moving the court...more

Washington Supreme Court Expands the Ability of Parties to Define How and When Construction Defect Causes of Action May Be Brought

by Lane Powell PC - Construction Law on 2/8/2013

In a unanimous decision, the Washington Supreme Court has approved of contractual clauses broadly defining the scope of how and when causes of action may be asserted. The case, Washington State Major League Baseball Stadium...more

Are Courts Actively Limiting CEQA’s Scope In The Absence Of Meaningful Legislative Reform?*

by Arthur F. Coon | Miller Starr Regalia on 2/6/2013

While no California Environmental Quality Act (“CEQA”) reform was achieved by the California Legislature in its last session, Senate President Pro-Tem Darrell Steinberg has indicated in a recently-issued statement that it...more

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Commercial Real Estate › Civil Procedure › Residential Real Estate

Real World - May 2013: Residential service charges – mixed news for landlords on statutory consultation

Trustee Empowered To Void Foreclosure Sale Where Error Discovered Before Delivery Of Trustee’s Deed

Weekly Law Resume - May 16, 2013: Insurance Coverage – Duty to Defend – Vacant Property

Appeal Court Confirms That Innocent Party Must Clean Up Pollution

Tennessee Property Tax Assessment Appeals: Davidson County in Reappraisal Year

Time For Superior Court Revaluation Appeals Is Running Out

Pa. Supreme Court Issues Decision in Butler Case

An Update On North Carolina's New Lien Agent System

New York Case Law Shorts

New York Case Law Shorts

Abolishment of Limitation Periods for Contaminated Sites in BC Put on Hold

Disclaiming Eminent Domain Defendants: To Dismiss or not to Dismiss?

Alabama Taxpayers' Bill of Rights II Passes Easily In House; Other Important Tax Bills of Interest

Calif. Plumbs The Depths Of Water Damage Exclusions

Follow Up on IRWA/Appraisal Institute "2012 Eminent Domain Year in Review" Presentation

Illinois Supreme Court Issues New Procedural Rules for Foreclosures

Does The January 1, 2013, Assessment Represent Your Property’s Fair Value?

Commonwealth Court Opinion Contains Important Lessons for Property Owners

California Supreme Court Eases Admissibility of Oral Statements in Contract Fraud Disputes

Promises to Keep—Lender Beware: California Supreme Court Expands Parol Evidence Fraud Exception

Ready or Not, Here It Comes: Philadelphia's Actual Value Initiative Assessments Are in the Mail

New Jersey Property Tax Appeal Time

Florida Statute Section 702.10 – Expedite Foreclosure Procedure

Washington Supreme Court Expands the Ability of Parties to Define How and When Construction Defect Causes of Action May Be Brought

Are Courts Actively Limiting CEQA’s Scope In The Absence Of Meaningful Legislative Reform?*

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