News & Analysis as of

Leases

Lease-Leaseback Battle Continues as First District Court of Appeals Sides with Contractor and School District

Earlier, we wrote about Davis v. Fresno United School District (2015) 237 Cal.App.4th 261, a Fifth District California Court of Appeals decision that sent shock waves through the school construction industry and raised...more

Citizenship of Aircraft Owner Trustee Establishes Federal Court Diversity Jurisdiction

by Holland & Knight LLP on

The Southern District of New York has confirmed that when the trustee of a non-citizen aircraft trust brings suit in its own name, the citizenship of that trustee may be used to establish diversity jurisdiction in federal...more

The New Electronic Communications Code - Key Signals for Landowners

by K&L Gates LLP on

The Electronic Communications Code (“Code”) gives rights to certain telecommunication services providers (“operators”) to install and maintain “apparatus” such as masts, exchanges, cables and cabinets on over and under public...more

Key issues in negotiating financeable ground leases

by Thompson Coburn LLP on

Ground leases are generally long-term leases of property entered into between a property owner and tenant where the tenant leases land and subsequently constructs a building or other improvements on that land. Since ground...more

Ninth Circuit Allows Leases To be Stripped in Section 363 Sale

by Ballard Spahr LLP on

Courts consistently have held that the sale of real property under the Bankruptcy Code cannot "strip off" the leasehold interests in that property. Until now, only one case held to the contrary and was generally considered an...more

Easy Easements

by K&L Gates LLP on

This two-part series is about four important cases that have been decided over the past year relating to the acquisition of easements. This Part 1 highlights two cases which explain key principles that can dictate whether or...more

Pennsylvania Superior Court Splits from Own Precedent and Allows Unilateral Oil and Gas Lease Severance in Montgomery

by Blank Rome LLP on

Action Item: Lessees of oil and gas leases in Pennsylvania who have been assigned or are assigning less than all of the geologic strata under lease should give careful attention to whether those leases have been severed...more

Securitization in Italy: New Market-Friendly Rules Enacted

by Jones Day on

On June 15, 2017, the Italian Parliament approved the Conversion Law of Decree no. 50 of April 25, 2017 ("Conversion Law"). The Conversion Law includes a review of the legal framework applicable to Italian securitization...more

Extension and Refinement of the Aircraft Leasing Scheme in Singapore

by Morgan Lewis on

The Aircraft Leasing Scheme in Singapore is to be extended for another five years with refinements to encourage the growth of the aircraft leasing sector. On 20 February 2017, the Minister of Finance, Mr. Heng Swee Keat,...more

Some Thoughts On Fair Housing And Smoking

by Fox Rothschild LLP on

A friend reached out to me to ask questions about HUD’s Smoke Free public housing initiative and for some general thoughts on smoking in apartment homes. So, here goes. There is no “right” to smoke in a rental home....more

Real Property & Title Insurance Update: Week Ending June 2, 2017

by Carlton Fields on

Real Property Update - Lease: where lessee transfers leasehold interest to third party, but retains easement in leased property, lessee transfers less than “entire interest” in property, and such sublease not tantamount to...more

Arbitration Agreement Enforceable Against Non-Signatory Spouse Because Community Property

by Dorsey & Whitney LLP on

You know how the vows go: “for richer or for poorer, in sickness and in health, in district court or in arbitration…” Wait a minute. Last Wednesday, a federal district court in Arizona held that a TCPA plaintiff was...more

Nationwide announces position on onerous ground rents

by Hogan Lovells on

Nationwide announced recently that it will not lend on new build residential leasehold properties if the amount of ground rent is more than 0.1% of the purchase price....more

Application of the U.S. Risk Retention Rules to “Indenture-Style” Cellular Tower Securizations

by Latham & Watkins LLP on

17 C.F.R. Part 246, adopted jointly by the Securities and Exchange Commission (“SEC”) and five other federal agencies in October of 2014 (the “U.S. Risk Retention Rules”), requires a sponsor of asset- backed securities...more

Five Tips for Negotiating Your First Office Lease

by Fox Rothschild LLP on

Whether it is expanding into a new market or moving out of the proverbial garage, it is common for a startup company to sign a commercial lease agreement in its early stages. In negotiating the lease, the company’s legal...more

Licence or lease? The inadvertent tenancy

by Dentons on

The recent County Court decision in Camelot Property Management Limited (1) and Camelot Guardian Management Limited (2) v. Greg Roynon is an uncomfortable reminder to landowners of how easy it is to inadvertently grant a...more

BOEM Seeks Comments on the 2018 Draft Supplemental Environmental Impact Statement Relating to GOM OCS Lease Sale

by Baker Donelson on

On Thursday, March 30, 2017, the U.S. Bureau of Ocean Energy Management (BOEM) announced the availability of the Gulf of Mexico OCS Lease Sale: Draft Supplemental Environmental Impact Statement 2018 (Draft EIS). The Draft EIS...more

Was it a Mineral Deed or an Oil and Gas Lease?

by Gray Reed & McGraw on

How to distinguish an oil and gas lease from a mineral deed? In Richardson v. Mills, it was a deed when the instrument uses words like “forever” and imposes no duty to explore for and develop minerals....more

Lease Assignment Provisions—Why They Matter

by Arnall Golden Gregory LLP on

When a tenant assigns its rights and interest under a lease to a successor tenant, the enforceability of the assignment and its legal consequences are usually addressed and governed by language in the assignor-tenant’s lease...more

Outer Continental Shelf Leasing: BOEM Withdraws Controversial Sole Liability Orders

by King & Spalding on

On February 17, 2017, the Bureau of Ocean Energy Management (“BOEM”), which manages oil and gas leasing in the Outer Continental Shelf, announced that it is withdrawing previously-issued orders to sole liability property...more

Franchise Issues in Commercial Leases

Commercial landlords and tenants are already faced with many issues during the course of negotiating a commercial lease agreement. When the tenant is a franchisee, the franchisor’s requirements (as outlined in the franchise...more

How to Get the Best Price for Your Cell Tower Lease

by Varnum LLP on

Property owners with cell towers on their buildings or land are routinely approached to sell their cell lease and future leasing rights, which typically sell in the range of 15 to 20 times annual revenues, sometimes...more

GAO Urges Transparency in GSA Leasing Practice for Foreign-Owned Real Estate

by Holland & Knight LLP on

On January 3, 2017, the United States Government Accountability Office (GAO) delivered a report to Congress recommending that the General Services Administration (GSA) inform tenant agencies when leasing high-security space...more

Amendments to the Namibian Credit Agreements Act

by Dentons on

Dentons would like to thank Nawala Kamati-Unger of Engling, Stritter & Partners for this month’s contribution to the Africa section of the Dentons South Africa Newsletter. In this article, Nawala provides an overview of...more

BOEM Suspends Implementation of New Financial Assurance Requirements

by Baker Donelson on

The Bureau of Ocean Energy Management (BOEM) announced Friday, January 6, that it would suspend the implementation of the new financial assurance requirements relating to decommissioning obligations of lessees’ facilities on...more

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