News & Analysis as of

Leases

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

The Implied Covenant of Good Faith and Fair Dealing

by Jaburg Wilk on

Anybody who has ever had a child has heard the refrain “but that’s NOT FAIR.” While the concept of “fairness” plays a big role in how the world should operate in the minds of children, there is sometimes a disconnect between...more

Don’t lock out your tenant, even if the lease says so

by Shutts & Bowen LLP on

A Florida landlord recently learned that “self-help” is not allowed for evicting a tenant, even if the parties’ lease says it is. In Palm Beach Florida Hotel and Office Building Limited Partnership v. Nantucket...more

Be Prepared Before Your Borrower Files a Farm Bankruptcy

by Ruder Ware on

How prepared are you for a workout or Chapter 12 farm bankruptcy filed by your Borrower? Make it your New Year’s Resolution to know the answer to these questions about your Borrower. Do you conduct regular file reviews?...more

First-Ever Legal Challenge Filed Against Proposed Federal Offshore Wind Lease Auction

by Beveridge & Diamond PC on

A coalition of fishing advocates, local towns, and municipalities from New Jersey to Rhode Island has sued the U.S. Department of the Interior’s Bureau of Ocean Energy Management (“BOEM”) and sought a temporary restraining...more

Forfeiture: High Court grants relief after 14 months

by White & Case LLP on

Landlords and agents may have to look again at whether 6 months is sufficient time to allow the tenant to apply for relief, before exercising peaceable re-entry. In Pineport Ltd v Grangeglen Ltd [2016] EWHC 1318 (CH) the...more

How Do I Sell My Cell Lease?

by Varnum LLP on

Selling a cell lease and future leasing rights for the site in question usually involves three steps. First, deciding whether you want to sell. Often the first question to ask is whether you can take the money from a...more

Rule Against Perpetuities and Leases in North Carolina

Remember the Rule Against Perpetuities? Think back to your days in law school, sitting in your 1L Property class. Remember the rule against perpetuities? Remember thinking that it would never really come into play in...more

Ohio Supreme Court Rules in Landowner Royalty Case

by Roetzel & Andress on

In a closely watched and long-awaited case with potentially sweeping industry-wide consequences, the Supreme Court of Ohio refused to adopt a default rule regarding deduction of postproduction costs from landowner royalties...more

Ground Leasing Commercial Property? Ask the Lender First

Financing ground leases has become an increasingly significant part of commercial real estate lending. However, ground tenants, as borrowers, and their attorneys often fail to include integral lender protections when...more

Construction Industry Scheme - taxing our landlords and tenants

by Reed Smith on

The Construction Industry Scheme (‘CIS’) requires contractors to withhold tax from payments to subcontractors in relation to certain construction work. It is easy to assume that CIS only applies to mainstream contractors, but...more

Struggling to Produce: Heirs to Claimed Royalty Interest Acquired in Late 1800s in 9,200-acre Tract in Texas Fail to Pass...

by BakerHostetler on

On Monday, Oct. 10, 2016, dozens of claimed heirs to a one-half mineral interest allegedly obtained in the late 1800s in a 9,200-acre tract of land in Brooks County, Texas, filed a Petition for Review with the Texas Supreme...more

(UK) Business Rates and Compensation for Tenants

by Reed Smith on

Following our recent update on business rates, we are warning developers to look at their budgets for statutory compensation that may be due at the end of a 1954 Act protected tenancy because of the VOA’s reassessment of...more

(UK) Rentcharges: beasts of burden or burdensome beasts?

by Reed Smith on

Rentcharges are, in theory, a very useful way of securing a positive obligation to pay against freehold land owners. They are mainly now created to cover estate service charges to ensure freeholders will pay common expenses...more

247 Results
|
View per page
Page: of 10
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!