News & Analysis as of

Real Estate Transfers

She Did What With the Family Farm? - Top Ways to Challenge a Deed in Michigan

by Clark Hill PLC on

A deed is a legal instrument commonly used to transfer title in real property (i.e. a residence, parcel of land, or family cottage). Although deeds are typically straightforward, certain legal requirements are necessary to...more

The Real Estate Law Review - Chambers Global Practice Guide

by DLA Piper on

The Danish real Estate market has been divided in two since the gradual bursting of the Danish real Estate bubble, which started in 2007 and culminated following the credit crunch. While transactions activity in the major...more

Private Wealth - Chambers Global Practice Guide

by DLA Piper on

Since 2012, the transaction and building activity in the major cities of Denmark has been steadily increasing, and in 2016 this activity rose to the record levels seen before the financial crisis. Prices have also reached...more

Ostiguy v. Allie: Acquisitive Prescription Gains Ground!

by Dentons on

When the Civil Code of Quebec (“C.C.Q.”) was adopted in 1991, the legislator envisioned a significant reform to the publication of rights regime in Quebec. This reform, which entered into force in 1994, sought to restructure...more

Notary is only liable for transfer tax mentioned in deed of transfer (Dutch)

by Dentons on

Article 42 Recovery Act: There is what is! The court of law in Arnhem pronounced at the beginning of April in a proceeding brought by the Tax Office against a notary under Article 42 Recovery Act. The notary had passed (a...more

Court Holds That Family Member Did Not Owe Fiduciary Duties To Other Family Member

by Winstead PC on

In Walker v. Walker, a son sued his father and brother regarding the ownership of a beach house. No. 14-16-00357-CV, 2017 Tex. App. LEXIS 2742 (Tex. App.—Houston [14th Dist.] March 30, 2017, no pet. history). ...more

Town Of Southampton Decides Not To Require Updated Certificates Of Occupancy For Property Transfers

by Farrell Fritz, P.C. on

The Town of Southampton recently held several public hearings to consider a local law requiring an updated certificate of occupancy prior to all property transfers. Specifically, the local law proposed amending Town Code...more

“Reverse” Like-Kind Exchanges Not Subject to NYS Real Estate Transfer Tax

by Cole Schotz on

In an Advisory Opinion issued near the end of 2016, the New York State Department of Taxation and Finance has determined that the transfer of real property in New York State from an “exchange accommodation titleholder” to a...more

Tax Considerations For The Closely-Held Foreign Investor In U.S. Real Property – Part I

by Farrell Fritz, P.C. on

Over the last few years, we have received an ever-increasing number of inquiries from “foreigners” who are interested in acquiring U.S. real property (“USRP”). Some of these foreigners – meaning closely-held business...more

4 Business Cases to Follow in the Supreme Court’s Spring Term

by Bennett Jones LLP on

The Supreme Court of Canada’s spring term begins on April 18. This term has a lot of interesting criminal cases, but only a few that may be interesting to the business community...more

Beware The Constructive Trust When Relying On ‘Informal’ Estate Distributions

by Bryan Cave on

We like when families can work out their estate disputes outside of the courtroom. Georgia, for one, embraces the “family settlement doctrine,” where heirs at law can agree to distribute or divide property devised under a...more

Legal Notebook for the Australia and New Zealand Property Journal

by DLA Piper on

The attached article appeared in the Australia and New Zealand Property Journal and addresses a recent decision of the Federal Court of Australia, Director of Consumer Affairs v Hocking Stuart Richmond Pty Ltd [2016] FCA...more

Even a “Bona Fide Purchaser” Can’t Rely on a Void Judgment

Under California law, “bona fide purchasers” who buy property with no notice (actual, constructive, or otherwise) of a competing claim to the property are generally protected. The law’s favorable treatment of bona fide...more

New stamp duties on shares transfer – Acquisition and disposal of equity interests in residential property holding entities

by Dentons on

Purchases of residential properties in Singapore by companies attract Additional Buyer Stamp Duty (ABSD) of 15% rate in addition to usual Buyer Stamp Duty (BSD) of up to 3%. Seller Stamp Duty (SSD) is also payable if...more

Illinois Court Finds Mortgage Assignments Not Subject To Chicago Transfer Tax

by Faegre Baker Daniels on

The Appellate Court of Illinois, First District, recently concluded that the City of Chicago’s real property transfer tax did not extend to assignments of mortgages because, contrary to the City’s arguments, mortgage...more

Land Court Finds that Texting Can Bind Parties

by Bowditch & Dewey on

The Massachusetts Land Court has held that text messages may form a binding contract in connection with the sale of real estate!! While neither punctuation nor colorful texting acronyms can make this decision more noteworthy...more

Toronto Municipal Land Transfer Tax Increase

by Bennett Jones LLP on

The City of Toronto has increased its municipal land transfer tax rates to match the recent changes to provincial land transfer taxes, effective March 1, 2017....more

Supreme Court of California Set to Decide Documentary Transfer Tax Case

by Holland & Knight LLP on

The Supreme Court of California is slated to review a 2014 decision by the California Court of Appeal for the Second District, which held in 926 North Ardmore Avenue, LLC v. County of Los Angeles that a change in ownership of...more

N.Y.’s 2018 Budget Proposal: Tax Proposals To Watch

by Farrell Fritz, P.C. on

Last month, Governor Cuomo presented his budget proposal for NY State’s 2017- 2018 fiscal year. Included in the proposal were a number of tax provisions that should be of interest to closely-held businesses and their owners....more

Who owns God’s Property? Shifting Politics Cost Some Congregations Their Church

by SmithAmundsen LLC on

Re-alignment of a congregation with a new denomination is typically driven by ideals, but as usual, money becomes the bone of contention....more

Director ordered to pay compensation for divesting company assets

by Dentons on

A director can be ordered to pay compensation to a company for divesting the company of its assets, even though that director received no direct benefit. This occurred recently in Brentwood Village Ltd (in liquidation) v...more

Court Holds That Will Created Void Alienation On Restraint

by Winstead PC on

In Knopf v. Gray, a decedent died in 1993, and her will was admitted to probate the same year. No. 10-15-00273-CV, 2017 Tex. App. LEXIS 191 (Tex. App.—Waco January 11, 2017, no pet. history). ...more

The Basics of 1031 Exchanges – Part Two: Structuring Partnership/LLC 1031 Exchange Cash-out Transactions

by Ward and Smith, P.A. on

This is part two of a two-part series on Internal Revenue Code Section 1031 tax-deferred exchange transactions. The first article provided an overview of the basic rules that govern 1031 exchanges. This article describes...more

Transfer Act for Lenders

by Murtha Cullina on

A previous blog post addressed lender liability for environmental conditions on property a lender might acquire as a result of foreclosure. Another issue lenders in Connecticut must consider prior to foreclosing on a property...more

The registration gap strikes again

by Dentons on

In Baker v. Craggs [2016] EWHC 3250 (Ch) the High Court held that land acquired by a purchaser was bound by an easement granted by the seller, without the purchaser's knowledge or consent, after the date of the relevant...more

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