News & Analysis as of

Residential Property Owners

The Texas Tree Mitigation Fee Credit Bill is Resurrected from the Dead

by Jackson Walker on

Many developers must remove existing trees in order to build new homes or buildings. Some cities have required developers to pay fees, known as tree mitigation fees, as a condition for permitting the removal of the trees....more

Open and Obvious Dangers; New Evidence Submitted in Reply Briefs

by Low, Ball & Lynch on

Jacques Jacobs, et al. v. Coldwell Banker Residential Brokerage Company - Court of Appeal, Second District (July 25, 2017) - Defendant Coldwell Banker Residential Brokerage Company (Coldwell) marketed for sale a vacant,...more

Hurricane Harvey & FEMA Assistance Program

by Jackson Walker on

Our deepest sympathy goes out to everyone affected by Hurricane Harvey and the devastation it caused. For our clients, colleagues, and any others who may have been affected, we have put together some information about...more

Is the Retroactive Statute of Repose for Construction Defect Claims Constitutional?

by Payne & Fears on

With the February 24, 2015, enactment of Assembly Bill 125 (2015 Nevada Laws, Ch. 2), much has changed in the world of residential construction defect litigation. One of the most dramatic shifts has been the reduction of the...more

FCC Actions Affecting Building Owners

Owners and managers of multi-tenant environments (“MTEs”), such as apartment buildings, filed initial comments in the Federal Communications Commission’s (FCC’s) proceeding to reexamine various types of arrangements between...more

Coming Soon - The City of Santa Barbara’s New Zoning Ordinance

On Tuesday, July 11, 2017, the Santa Barbara City Council will consider a new zoning ordinance for the city. If the council votes to introduce and subsequently adopt the new zoning ordinance (NZO), it will be effective 30...more

Commercial Borrowers Should be Familiar with the Refinance Exemption in Order to Avoid Paying More Taxes than Necessary

by Miles & Stockbridge P.C. on

It is pretty well known that Maryland imposes taxes upon the sale/purchase of real property. The State requires both a recordation tax and a transfer tax to be paid whenever an ownership interest in property is transferred....more

Dry Cleaner Who Contaminated Neighbour’s Property Ordered To Pay Significant Damages

In Huang v. Fraser Hillary’s Limited the plaintiff, a property owner, brought an action against his neighbour, Fraser Hillary’s Limited (“FHL”), a dry cleaning business, and David Hillary (“Hillary”) the owner of a...more

Forfeitures for Ordinance Violations - When Are They Excessive?

by Ruder Ware on

An age-old problem faced by municipal officials is what to do about residents and landowners who fail to take care of their properties and allow junk, debris, and other unsightly items to accumulate.  This often leads to...more

West Coast Real Estate Update - May 2017 - #3

by Holland & Knight LLP on

L.A. to Legalize Residential Units Previously Created in Violation of Building Code - On May 10, 2017, the Los Angeles City Council unanimously approved an ordinance that would permit previously unapproved dwelling...more

GST & Residential Property: Purchasers to pay GST to ATO

by K&L Gates LLP on

The Government announced in its 2017-18 Budget that, from 1 July 2018, purchasers of new residential premises (new homes / apartments) and subdivided residential lots will need to pay any applicable GST on the sale directly...more

Ontario introduces sweeping changes to residential real estate market with Fair Housing Plan

by DLA Piper on

On April 20, 2017, the Ontario government unveiled its Fair Housing Plan (“FHP”). Pursuant to the FHP, the Ontario government will introduce sweeping legislative changes to Ontario's residential real estate sector, with the...more

West Coast Real Estate Update - May 2017 #1

by Holland & Knight LLP on

New Arizona Law Aims to Prevent "Drive-By" ADA Lawsuits - Arizona recently enacted a new law that gives businesses and property owners a 90-day grace period to fix alleged disability-access violations without paying...more

Update on Domicile and Tax of Offshore Trusts

by McDermott Will & Emery on

Implementation of the 6 April 2017 tax changes applicable to non-domiciled individuals, offshore trusts and UK residential property has been delayed because of the forthcoming UK General Election on 8 June 2017. Whilst it is...more

Landlords Win San Francisco Legal Battle

by Miller Starr Regalia on

Who is responsible for the housing crisis in San Francisco, and what can government do to solve it? As property values have climbed in San Francisco and surrounding areas, that problem has increasingly vexed elected...more

The Honeymoon Will Soon Be Over - D.C.’s Department of Energy and Environment to Begin Enforcing New Mold Assessment and...

by Miles & Stockbridge P.C. on

By August 2017, the District of Columbia Department of Energy and Environment (DOEE) reports that it will begin to enforce recently promulgated Mold Assessment and Remediation Licensure Regulations (Regulations) for the...more

Annexing Property in Maryland: So You Want to Be Part of Life in the Big City?

by Miles & Stockbridge P.C. on

Life in the big city has its advantages. Desirable public services, such as police protection, trash collection, public water and sewer service, and other services and amenities are available that you may not have if you live...more

Gatlinburg Property Owners Affected by Wildfires May See Tax Relief

Property owners affected by the Gatlinburg fires last fall could receive tax relief – thanks to a bill approved by the Senate State & Local Government Committee this week....more

Non-Domicile Changes in the United Kingdom From April 2017 – Are You Ready?

by McGuireWoods LLP on

Sweeping changes being introduced in the United Kingdom for non-domiciles (non-doms) will take effect from 6 April 2017. These changes are significant and will affect all non-doms. Our recommendation is that non-doms review...more

Planning to attend Bottlerock 2017?

by Buchalter on

Bottlerock 2017 is fast approaching and Napa County will be flooded with thousands of people. Many of the people who attend this event will be from out of town and will be looking for a place to stay for the weekend....more

Can Zoning Stop Property Owners from Renting?

by Farrell Fritz, P.C. on

Local governments may not rely on zoning rules to prohibit renters in multi-family housing developments. Many local governments (and residents) prefer property owners living in their communities rather than tenants. This...more

Confirmation of Non Dom Changes in the UK Autumn Statement

by McDermott Will & Emery on

New UK Chancellor Philip Hammond gave his first Autumn Statement on 23 November 2016. Whilst there were no further details relating to the reforms of the taxation of non-UK domiciliaries and UK residential property, the...more

(UK) Welsh Residential Private Rented Sector – Key New Regulations in Force

by Reed Smith on

As we mentioned in an earlier post Regulations for dealing with private rented housing in Wales are increasing. From 23 November 2016 all properties need to be registered and anybody undertaking, letting or management work...more

Ontario Modernizing Land Transfer Tax

by Bennett Jones LLP on

On November 14, 2016, the Ontario Minister of Finance, Charles Sousa, presented the 2016 Ontario Economic Outlook and Fiscal Review in the Ontario Legislature. Among the various proposals in the Outlook, the Minister proposes...more

Last Call for Opt-Out: Summary of Condominium Sprinkler Retrofit Requirements and Opt-Out Provisions

by Roetzel & Andress on

The deadline for opting-out of the Condominium Sprinkler Retrofitting Requirements is December 31, 2016. The following is a general summary of the state of the law for those who still need to opt–out or who want to review...more

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