News & Analysis as of

Leases

Leasehold Financing: Key Issues for Mortgage Lenders

by White and Williams LLP on

When entering into a long-term ground lease, one of the ground lessee’s principal concerns is assuring that its leasehold interest in the property is “financeable.” A mortgage lender providing financing to the holder of a...more

New York Trial Court Finds Lexington Has No Duty to Provide Coverage for Damages Stemming from an Insured’s Knowing and...

by Carlton Fields on

County of Suffolk v. Lexington Ins. Co., Case Number 604661-2017, Supreme Court of the State of New York, Suffolk County - Under New York law, the requirement of a fortuitous loss is a necessary element for coverage to...more

"As is where is" revisited – allocating risk through the acceptance certificate

by Allen & Overy LLP on

(Aquila WSA Aviation Opportunities II Ltd v Onur Air Tasimacilik As [2018] EWHC 519 (Comm)). Introduction – the facts - Onur Air, a Turkish airline, needed a temporary replacement engine for one of its aircraft. So, it...more

De hoofdhuurovereenkomst eindigt. Wat zijn de gevolgen voor de onderhuurovereenkomst? - ( The main lease ends. What are the...

by Dentons on

Situation: there is a main lease and a sublet agreement with respect to the same building. The main lease is canceled and ends, and the main tenant demands the rented. However, the subtenant can still have the rented property...more

Aircraft Lease Financing: Who's The Owner?

by SmithAmundsen LLC on

Aviation lending is a world unto its own, populated by lawyers and lenders alike that focus on this niche area. Other than just understanding the difference between FAR Part 91 and Part 135, or what the Cape Town Convention...more

Break notices when is a tenant not a tenant

by Dentons on

In yet another illustration of the registration gap, the High Court has confirmed in Sackville v. Robertson [2018] EWHC 122 (Ch) that an assignee of a registered lease may be precluded from exercising a contractual break...more

Auto Company Pays $2 Million to Settle SCRA Claims Over Military Leasing Practices

by Weiner Brodsky Kider PC on

The financial arm of a national automobile company has agreed to settle claims brought by the U.S. Department of Justice (DOJ) for failing to refund up-front auto lease payments to service members who terminated their leases...more

Quebec Court of Appeal Refines the Principles Applicable to the Characterization of Contracts

On February 15, 2018, the Supreme Court of Canada (SCC) dismissed leave to appeal in Station Mont Tremblant v. Banville-Joncas. In its decision, the Quebec Court of Appeal (Court) reaffirmed and elaborated on the principles...more

Overriding Interest Spring 2018

by K&L Gates LLP on

Welcome to the latest edition of Overriding Interest. Inside this issue: - New Legislation to Combat Unfair Residential Practices - The Electronic Communications Code - New Joiners - Events - Global Real Estate Team...more

Fining for Tenant Violations? You Might be Doing it Wrong

by Husch Blackwell LLP on

You might think that when a tenant breaks a rule, that you can simply fine him like you would fine an owner-occupant. Or, you might think that you can just notify and fine the owner/landlord for his tenant’s violation, since...more

Buying in Wales? Why a Speedy Completion Should Be Top of Your Priorities

by Reed Smith on

Those of you involved in the acquisition of properties in Wales over the next couple of months should take note – if the value is over £1,000,000 for non-residential properties (or for non-residential leases, a net present...more

Don't Get Stitched

by K&L Gates LLP on

You think that you have found the perfect space – but have you done your due diligence? Entering into a lease is one of the most significant financial commitments for most businesses and one of the most important decisions a...more

Important changes to the Model Land Lease Agreement (Ukrainian)

by Dentons on

On 22 November 2017, the Cabinet of Ministers of Ukraine approved Resolution No. 890 On Introduction of Amendments into Certain Resolutions of the Cabinet of Ministers of Ukraine (hereinafter referred to as Resolution No....more

Important changes to the Model Land Lease Agreement

by Dentons on

On 22 November 2017, the Cabinet of Ministers of Ukraine approved Resolution No. 890 On Introduction of Amendments into Certain Resolutions of the Cabinet of Ministers of Ukraine (hereinafter referred to as Resolution No....more

Unopposed Lease Renewals – a need for speed?

by Hogan Lovells on

From 1 December 2017, there will be a year-long pilot scheme for unopposed lease renewals that are issued in the County Court at Central London (CCLC).  All claims will be transferred to the First Tier Tribunal (Property...more

Trends in Tenant Leasing Positions

by King & Spalding on

Recent statistics indicate that tenants are asking for more from landlords in a variety of different asset classes, and most landlords are left with having to say yes. The leverage in lease negotiations appears to have...more

Indian Trust Land: Taxation of Leases and Permanent Improvements

Over the last few years, the Department of Interior Bureau of Indian Affairs (BIA) updated the federal regulations on leases and rights-of-way on Indian trust land. Important tax provisions were included in the new...more

Second Circuit Denies Petition to Rehear Decision Holding that the TCPA Does Not Permit a Consumer to Unilaterally Revoke Consent...

by Burr & Forman on

On October 20, 2017, the Second Circuit Court of Appeals denied a petition for panel rehearing, or in the alternative, for rehearing en banc of its decision in Reyes v. Lincoln Automotive Financial Services, 861 F. 3d 51 (2d...more

Issues to Consider in Rights of First Refusal

by Ward and Smith, P.A. on

People often talk about giving or getting a Right of First Refusal ("ROFR") in real estate transactions. But what is a ROFR? A simple definition might be...more

Leases

by Blank Rome LLP on

CASE LAW DEVELOPMENTS - This survey covers a number of cases decided in 2016 involving disputes between parties to equipment financing transactions or with third parties regarding the transactions or the related equipment....more

When a Lender Forecloses on a Leasehold Interest….

Loans are often secured by the fee title to real property owned by the borrower. But loans can also be secured by the borrower’s leasehold interest in property....more

The Drumbeat Continues: Another Court Rejects an FEIR For Not Properly Considering Climate Change

Last week, the 10th Circuit Court of Appeals reversed and remanded a District Court decision approving a decision by the Bureau of Land Management to approve new leases on mines that account for 20% of U.S. coal production. ...more

When Leaseholds And Sales Collide In Bankruptcy

by Barley Snyder on

Two sections of the Bankruptcy Code addressing leases sometimes work in tandem with each other, but some courts are creating a conflict. Section 363 gives bankruptcy courts the power to approve the sale of the assets of a...more

Ever Hear Of A Emphyteutic Leasehold?

by Allen Matkins on

I have often remarked on the debt that the Anglo-American legal lexicon owes to French and Latin. Greek has made a much smaller contribution. In reading Professor Peter Heather’s The Fall of the Roman Empire: A New History...more

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

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