Commercial Property Owners

News & Analysis as of

Don’t Let Deposits Spoil the Deal

A recent case acted as a reminder of the risk inherent in taking a contractual deposit which is greater than the market norm. That case involved penalties for overstaying permitted parking times and re-confirmed the contract...more

What a Nuisance - Owner Liability for Other Persons

As an owner of commercial real estate, could you ever be liable for nuisance committed on the property by someone other than you? The recent decision of the Court of Appeal in Cocking & Anor v Eacott & Anor [2016] EWCA Civ...more

What Constitutes Acceptable "Wear And Tear" in a Commercial Lease?

Terminating a commercial lease? You’re likely to encounter the question of whether the surrendered premises are in the condition required pursuant to the lease terms. Commercial leases often require the rental premises to be...more

Stamp Duty Land Tax on Commercial Property in the United Kingdom: Rates

In more detail - The changes will affect purchases and leases of commercial properties, including mixed commercial and residential properties, with an “effective date” on or after 17th March. Two changes have been...more

No Appeal to Housing Court for Major Development Projects Says Top Mass. Court

Appeals of major development projects of 25 or more dwelling units or 25,000 square feet or more of gross floor area cannot go to the Massachusetts Housing Court, as jurisdiction for these projects is exclusively with the...more

Pennsylvania Capital Stock Tax Phased Out; LLCs Now Are the Entity of Choice in PA; Procedure for Filing Final Returns

Until it expired at the end of 2015, Pennsylvania Capital Stock Franchise Tax (CSFT) was imposed on all limited liability companies (LLCs), corporations, joint-stock associations, and business trusts doing business in or...more

Actual knowledge is a prerequisite to liability: Houston Appeals Court reiterates Chapter 95’s central role in suits against...

The Fourteenth Court of Appeals in Oiltanking Houston, L.P. v. Delgado, No. 14-14-00158-CV, 2016 WL 354439 (Tex. App.—Houston [14th Dist.] Jan. 28, 2016, no pet. h.) has reversed a $21 million verdict against a property owner...more

Business Rates: Looking Ahead in 2016 – The Good, The Bad and The Maybe

Business rates are charged on the majority of commercial properties, such as shops and offices, and represent one of the largest overheads for businesses. They are calculated using the rateable value of the property (the...more

Belgian Retail Newsletter: The Legislation On Commercial Establishments Or So-Called “Socio-Economic Permit” Legislation: From...

A prudent retailer seeking to open a point of sale in Belgium should check compliance with the legislation on commercial establishments1 which may require a declaration and/or a permit prior to the effective opening date....more

Belgian Retail Newsletter: The Legislation On Commercial Establishments Or So-Called “Socio-Economic Permit” Legislation: From...

A prudent retailer seeking to open a point of sale in Belgium should check compliance with the legislation on commercial establishments1 which may require a declaration and/or a permit prior to the effective opening date....more

Implications of Texas' Open Carry Law for Property Owners

Texas House Bill 910, also known as the "Open Carry" bill, was signed in to law by Governor Greg Abbott on June 13, 2015. Most of the provisions of the "Open Carry" law become effective on January 1, 2016. The new "Open...more

Hot Tips for a Tenant to Green its Space

Companies of all shapes and sizes ranging from office and commercial tenants to those in the retail sector continue to look for ways to ensure their spaces are as “green” as possible – especially in today’s climate with a...more

UK emissions reduction schemes – an update for property lenders

At the end of last year, we wrote about the energy efficiency schemes most relevant to property lenders. In this article, we set out the key developments in this area since then....more

Snow, Ice and the Dangers of Winter

The winter months are fraught with injury risks, and many residents of Chicago do their best to prepare for the dangers of snow and ice. Damp, slippery conditions can lead to injury, and many injured parties and property...more

NJ Developer Gets Green Light for Antitrust Suit as Rival Supermarket Owner Seeks to Block Wegmans

The Third Circuit Court of Appeals issued a precedential opinion last week when it ruled that a New Jersey real estate developer had standing to pursue antitrust claims against the owner of a nearby ShopRite who engaged in...more

Property Taxes: A Shopping Center May Not Always be a Shopping Center

In the world of real property taxes, Valuation + Classification = Assessed Valuation. Sounds simple, right? The County Assessor determines the first factor, valuation (subject to certain guidelines under applicable Arizona...more

Governor Brown Signs Legislation Changing Commercial Building Owner Obligations on Energy Usage Disclosure

On October 8, 2015, California Governor Jerry Brown signed into law AB 802, which among other actions repeals the existing nonresidential building energy usage disclosure requirements. The prior law, AB 1103, codified in the...more

California Mandatory Nonresidential Building Energy Use Disclosures Revisited

The goal of the California Global Warming Solutions Act of 2006 is to reduce greenhouse gas emissions in California by 2020 to the emission levels of 1990. At the time of enactment California was the second largest greenhouse...more

Los Angeles City Council Approves Major Earthquake Retrofitting Ordinance

On October 9th, the Los Angeles City Council voted 12-0 to approve an ordinance requiring mandatory earthquake retrofitting for thousands of buildings in Los Angeles. The ordinance comes nearly a year after the publication of...more

Non-Conforming Uses

In its most basic form, a nonconforming use is the use of a property which is no longer a permitted use under current zoning regulations but was permitted under prior zoning (or, in some cases, before there was zoning). In...more

The Louisiana Right of Passage Discussed

Spoiler alert: Don’t expect a post about a weekend of Mardi Gras debauchery. The owner of a landlocked tract can demand a right of passage over his neighbor’s property to the nearest public road. Does the law require the...more

Abandoned Property Filing Deadlines Approach

Winter is right around the corner. For businesses that have abandoned property on their books (and virtually every operating entity has abandoned property, whether it knows it or not), that means due diligence letters must...more

Negotiating the Renewal Option of Your Office Lease

In negotiating an office lease, business owners should be sure to negotiate a potentially-valuable, tenant-friendly option that landlords often grant: one or more renewal options of the lease. Under a renewal option of a...more

The Location Release Agreement: Know Your Lines

Thanks to the state’s generous productions incentives, filmmakers are scouting Georgia locations like never before. Makers of feature films, television series, commercials and music videos are knocking on doors, seeking...more

Buyers Must Soon Comply With New Environmental Due Diligence Standard

Purchasers of commercial real estate must meet a new standard to qualify for liability protection under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and analogous state laws. Since...more

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