News & Analysis as of

Real Estate Transfers

Surrogate’s Court Sets Aside Fraudulent Conveyance Violative of Contract to Make a Testamentary Disposition

by Farrell Fritz, P.C. on

A person who executes a valid agreement to make a testamentary disposition as to a specific item of property is precluded from making an alternative disposition, either during lifetime or upon death. ...more

Establishing a chain of title - Leveraging blockchain for the real estate industry

by Dentons on

Establishing a good title and guaranteeing speedy acquisition of real estate is of paramount importance to investors, funds, and real estate developers. For example, if salient information on prior encumbrances, easements and...more

Tips for Harmonious Joint Family Ownership of Vacation Properties

by Davis Wright Tremaine LLP on

With proper planning, owning vacation property with other family members can be a pleasant and even bonding experience. The key is to determine, as early as possible, what the parties expect and desire from the property...more

Court Affirms Judgment For Estate Representative Due To A Statute-Of-Limitations Tolling Statute

by Winstead PC on

In Kaptchinskie v. Estate of Kirchner, the purchasers of property sued an estate to establish that the estate’s claim under a note was extinguished by the statute of limitations. No. 14-15-01080-CV, 2017 Tex. App. LEXIS 7012...more

Quebec Transfer Duties on Immovables: Recent Developments

The Quebec Minister of Finance presented the budget speech for the 2016–2017 financial year on March 17, 2016 (2016–2017 Budget), which modified the system of duties on transfers of immovables (please see our March 2016...more

2017 Arizona Legislative Amendments Affecting Commerical Real Estate and Lending

The following information accompanies a presentation Mike gave to members of the Arizona Commercial Mortgage Lenders Association (ACMLA) on September 12, 2017. HB 2213 – GPLET Leases - Arizona’s GPLET statute (enacted...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

CA Supreme Court: Entity Ownership Change Can Trigger Documentary Transfer Tax

Many entities are formed for the sole purpose of buying and holding real estate. In this setup, legal title is held by the entity itself (not the entity’s owners), but the entity’s owners have a “beneficial interest” that...more

California Supreme Court Holds that Real Property Transfer Tax Can Apply to Transfers of Entities that Own California Real...

by Bryan Cave on

Under California law, there are two separate tax implications affecting California real estate transfers that result in a “change in ownership” of the real property - a property tax reassessment and a real property transfer...more

15 Creative Ways Large Real Estate & Infrastructure Developers Raise Millions Outside of Traditional Debt and Equity (Part II)

by Slim Ventures LLC on

There is an expression that land development is a wealthy man’s game. Indeed, in our recent meeting with a very seasoned developer (over 30,000 lots before the Recession, now, licking his wounds, down to only 900), he...more

California Supreme Court Affirms Transfer Tax On Entity Control Change

by Akerman LLP on

California allows cities and counties to impose a tax on certain real estate transfers at a rate of 1.1 percent of the sales price. Los Angeles County enacted an ordinance to impose the tax on transfers within the county....more

California Supreme Court Decision Changes the Transfer Tax World

In 926 North Ardmore Avenue LLC v. County of Los Angeles, the California Supreme Court concluded that, subject to certain limitations, California’s Documentary Transfer Tax Act (the California DTTA), applicable to direct...more

Charitable Giving Strategies

by Bowditch & Dewey on

If you have been looking for ways to give back this summer, you might want to try something different. The majority of people donate to charitable organizations through gifts of cash, but this may not be the most...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

Understanding Mineral Rights and the Impact on the Value of Your Property

by Miles & Stockbridge P.C. on

The United States is one of a handful of countries in which private real property owners can hold and own subsurface mineral rights. In a majority of countries, only the government can own and benefit from these rights. ...more

California Supreme Court Holds Localities Can Apply Documentary Transfer Tax to Transfers of Interests in Property-Holding...

by Reed Smith on

The California Supreme Court, in a 6-1 decision, has held that a city or county may impose documentary transfer tax on the transfer of the ownership interests in a legal entity that owns real property located in the locality....more

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

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