Recent headlines have revealed distress in the real estate market, which may lead to opportunities for investors willing to take a bit of risk. There are many examples all over the country of groups with debt looking for...more
If you have experienced the process of purchasing or selling real estate, it is likely that you have come across the phrase “clear title.” The concept of clear title is two-fold. Clear title deals with the property...more
The North Carolina Court of Appeals this week addressed an important issue involving leases, options to renew, and the North Carolina recordation statutes known as the “Connor Act.” The decision affects anyone who buys or...more
The City of London Law Society (“CLLS”) Certificate of Title is a standard form document that is used in real estate financings to provide lenders with an overview and certain certifications of the properties they are lending...more
The Circuit Court of Gloucester County recently granted temporary injunctive relief to the owners of a dominant estate of an easement. In Lineberry v. Andruiulli, Case No. CL22-1192 (Gloucester Cty., Dec. 16, 2022), the Court...more
"Fungible" is an adjective that describes something easily capable of mutual substitution, such that one part or quantity may be exchanged by another equal part or quantity. Money is fungible. It is designed to be completely...more
SM Energy Co. v. Union Pac. R.R. Co. considers a question frequently asked in Texas suits affecting title: When is a suit a trespass to try title action and not a declaratory judgment action?...more
Blockchains are the Doritos Locos Taco of computer science. Complex as software can become, there are a limited number of tools available to software developers. Software developers combine arrays, databases, objects,...more
We’ve all been there. Maybe we find it in reviewing the chain of title for trademarks during due diligence. Maybe it’s something that another company filed that has nothing to do with us. Or maybe someone on your team made a...more
One of the biggest current trends in the world of digital and decentralized assets is the NFT, or non-fungible token. In the past month, Grimes sold nearly $6 million of NFTs and Kings of Leon has pledged to come out with...more
The Marketable Title Act - Garden Botanical Garden v. Drewien, 8th Dist. Cuyahoga No. 108536, 2020-Ohio-1278 - In this case, the Eighth Appellate District affirmed in part and reversed in part the trial court’s...more
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making...more
Documentation of a change in ownership of tangible personal property is important in commercial real estate transactions. This is the first of a series about documents signed at a commercial real estate closing. This article...more
The Court of Appeals of North Carolina (“Court”) addressed in an October 16th opinion whether Lewis Edward Dye, Jr (“Defendant”), through his chain of title in a small tract of land on Everett’s Lake (the “Lake”) also has the...more
Your business has taken off, and you've been searching for that perfect 7,500 square foot building on an acre of land close to town, with parking and a view, and you've finally found it. Mission accomplished, right? Not...more
Old Republic’s IPR petition was effectively unopposed due to a defect in the chain of assignment, which led the PTAB to hold all claims unpatentable without considering arguments or evidence submitted in favor of...more
Bud Abbott and Lou Costello were a vaudeville comedic juggernaut. Among the duo’s many accomplishments during their heyday was the creation of “Who’s on First?” which is still widely considered one of the most famous comedy...more
I know contract writers who like to state terms, such as property descriptions, several different ways. If you just have to over-describe, at least be careful, and at least be sure the descriptions are consistent....more
Picture this: While on the hunt for new development opportunities, you stumble across a golf course in the middle of a high-end community, and you think this would be the perfect spot for more houses, or a retail center, or...more
SC18996 - Meyers v. Livingston, Adler, Pulda, Meiklejohn & Kelly, P.C. This case arrived from a divided Appellate Court where some jurist opined that the plaintiff’s attorney malpractice claims sounded solely in tort,...more