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Husch Blackwell LLP

Negotiating Texas Wind Energy Leases: Do Landmen Need a License?

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The Texas Attorney General recently issued Opinion KP-0467 (the “Opinion”) addressing “whether a person who negotiates a lease for property for the development of a wind power project on behalf of another, for compensation,...more

Bennett Jones LLP

Not My Problem: The Maintenance of Easements

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When you grant an easement over your lands to another, who has the obligation to maintain the lands and the improvements on those lands? One might argue that it is the grantor of the easement—that the owner has the obligation...more

Nossaman LLP

Podcast: Unwritten Easements Part 1 – Implied Easements

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In the latest episode of Digging Into Land Use Law, Karla MacCary and Elinor Eizdi explore the law of implied easements, which is a murky area of the law that was made more clear by a recent California Supreme Court case that...more

Pillsbury - CommLawCenter

A New Headache for Landowners: FCC Liability for Radio Pirates Operating on Your Property

The Federal Communications Commission (FCC) last week warned 13 property owners in the New York City area that illegal FM radio broadcasts were emanating from their properties, and that they could face multi-million dollar...more

Goulston & Storrs PC

Michigan Supreme Court Dodges Thorny Drone Law Issues

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In Long Lake Township v. Maxon, the Michigan Supreme Court had the opportunity to critically consider the extent to which property owners have an inherent right to prevent unwanted drone incursions into the airspace...more

Schwabe, Williamson & Wyatt PC

Overview of Boundary Line Disputes

What do you do when you learn the old fence that you and your neighbor thought was the correct boundary turns out to be wrong … or when you discover your house or garage has been constructed on your neighbor’s property? Such...more

Oliva Gibbs LLP

Third Time’s a Charm: Ohio Supreme Court Remands Case for Failing to Follow Instructions

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In August 2016, AWMS Water Solutions, L.L.C., AWMS Holdings L.L.C., and AWMS Rt. 169, L.L.C. (collectively, “Appellants”) filed their original writ of mandamus to commence property-appropriation proceedings since, in their...more

Bennett Jones LLP

Can your Neighbour Expropriate your Land? (A Consideration of Remedies for Trespass)

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"This Court accepts that it is very harsh for an owner of land to be forcibly compelled to sell land that they have no desire or wish to sell—this amounts to a private expropriation. This Court also accepts that it is very...more

Saul Ewing LLP

U.S. Supreme Court Decides Two Takings Cases in One Week

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It is rare for the Supreme Court to decide cases involving the Constitution’s Takings Clause, and, indeed, not uncommon for the Court to go years without considering the Clause at all; so, when the Court issues two decisions...more

Bennett Jones LLP

Qualex-Landmark: Redwater Scope and Environmental Priority in Alberta

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This week’s highly anticipated decision of the Alberta Court of Appeal in Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115 [Qualex] limits the application of Orphan Well Association v Grant Thornton Ltd, 2019...more

Farella Braun + Martel LLP

ASTM E1527–21 Is Now the Required ASTM Standard for All Appropriate Inquiries

As of February 13, 2024, ASTM E1527–21 is the required ASTM standard for All Appropriate Inquiries (AAI) in real estate transactions. Conducting AAI is required to establish the innocent landowner defense, as well as the bona...more

Stoel Rives -  Ahead of Schedule

A Case in How to Delegate and Avoid Landowner Liability for Contractor Employees

In a case of first impression in Washington, the Washington State Supreme Court held that a landowner may satisfy its duty to guard an invitee “against known or obvious dangers on the premises by delegating the duty of...more

International Lawyers Network

Buying and Selling Real Estate in Spain

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SPANISH LAW - I. Procedure of a real estate transaction - 1. Formal procedure of a real estate transaction in Spain starting from the signing of the purchase agreement...more

Schwabe, Williamson & Wyatt PC

Washington Supreme Court Rules on Ownership of East Lake Sammamish Trail Shorelands

On January 25, the Washington Supreme Court decided that title to a corridor of shorelands along Lake Sammamish vested in the property owners instead of King County. The case involved interpretation of Washington’s...more

International Lawyers Network

Buying and Selling Real Estate in Italy (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER ITALIAN LAW - I. INTRODUCTION - This brief guide has the goal to provide legal explanation on the main aspects of the real estate transactions in Italy. II. REAL...more

Kaufman & Canoles

New Court of Appeals of Virginia Opinion Regarding Key Requirements To Prove, And Rebut, The Existence Of An Easement By...

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Yesterday, the Court of Appeals of Virginia addressed key requirements to prove, and rebut, the existence of an easement by prescription in Boxley v. Crouse, Record No. 0183-23-3. ...more

Hogan Lovells

UK Supreme Court gives green light for anti-trespass injunctions to stop “newcomers”

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In Wolverhampton City Council and others v London Gypsies and Travellers and others, the Supreme Court has confirmed that injunctions can be imposed to prevent “newcomers” from occupying land unlawfully. That means that...more

Hogan Lovells

Do you need to comply with the Biodiversity Net Gain requirement?

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Our Real Estate Horizons flowchart explains what the new BNG requirement is, when it’s relevant and the options available for satisfying it, and provide details on how the biodiversity value of a site is calculated using the...more

International Lawyers Network

Buying and Selling Real Estate in Austria (Updated)

Key Facts of Real Estate Acquisitions Under Austrian Law - I. Introduction - There are many considerations that a buyer/ seller of real estates should make before buying or selling a property. The following article is...more

International Lawyers Network

Buying and Selling Real Estate in Australia (Updated)

Key Facts of Real Estate Acquisitions Under Australian Law - INTRODUCTION - The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens ...more

International Lawyers Network

Buying and Selling Real Estate in Argentina (Updated)

Key Facts of Real Estate Acquisitions Under Argentinian Law - I. INTRODUCTION. Below you will find a brief outline of the legal regulation of the acquisition of real estate property in Argentina, which is mainly...more

Verrill

One Bad Apple Spoils the Whole Barrel: Do Not Mix a Potentially Contaminated Site With Other Assets

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​​​​​​​When considering the establishment of an estate or trust to hold title to real property, it is important to segregate potentially contaminated property from other assets  Unfortunately, once title vests in an estate or...more

Ballard Spahr LLP

Five Things Every Office Building Owner (and Its Lender) Should Consider

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The drumbeat of the challenges facing almost every corner of the office building market should be loud and clear to owners and lenders. For some, the current situation is dire, while for others it will likely worsen in the...more

Allen Matkins

U.S. Supreme Court Will Clarify the Constitutionality of Legislatively-Authorized Land Use Exaction Fees

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The United States Supreme Court granted certiorari on September 29, 2023 in Sheetz v. County of El Dorado, a case that challenges the County of El Dorado’s requirement that a property owner pay a Traffic Impact Mitigation Fee...more

Locke Lord LLP

New Restrictions on Land Ownership ‎in ‎Florida

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Senate Bill 264: On May 8, 2023, the Florida Legislature enacted Senate Bill 264 (“SB 264”), which revises and adds certain statutory restrictions on persons, entities, and governments from certain countries to operate in...more

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