News & Analysis as of

Restrictive Covenants Commercial Leases

Davies Ward Phillips & Vineberg LLP

Canadian Competition Bureau Stakes Out Aggressive Stance on Property Controls in Preliminary Enforcement Guidance

Following the Canadian Competition Bureau’s 2023 Retail Grocery Market Study in which it recommended that provincial and territorial governments take measures to limit property controls in the grocery industry, including...more

Levenfeld Pearlstein, LLC

Is a Taco a Sandwich? An Indiana Court Weighs In: How to Approach Real Estate Restrictive Covenants

For generations, people have long debated: Is a taco a sandwich? In a recent decision, a judge in Fort Wayne, Indiana weighed in and ruled that a taco is, in fact, a sandwich. While this particular case attracted attention...more

BCLP

Briefcase Quarterly Real Estate Disputes Update - September 2023

BCLP on

Vodafone Ltd V Potting Shed Bar & Gardens Ltd (Formerly Gencomp (No. 7) Ltd) & Ap Wireless Ii (Uk) Ltd - A freeholder granted a lease to Vodafone allowing it to erect telecoms apparatus on the tower of its building. A few...more

BCLP

Briefcase - Quarterly Real Estate Update - June 2022

BCLP on

Summary - ..Johnson –v- Spooner & Another – “Subject to contract” label not always conclusive. ..Milestar Limited –v- (1) Narendra Gandesha & (2) Homerton Holdings Limited – Can a tenant’s cross-claim defeat a...more

BCLP

Briefcase Quarterly Update - Key Real Estate Cases and Updates - March 2022

BCLP on

Gabb v. Farrokhzad - Landlord's Unreasonable Refusal to Consent to an Assignment of a Lease - ..Mr Gabb owned a flat in Kensington and had a difficult relationship with his landlord, Mr Farrokzhad. Following some...more

Hogan Lovells

Can a landlord forfeit a long lease?

Hogan Lovells on

Hogan Lovells recently represented the landlords in SHB Realisations Limited and GB Europe Management Services Limited v Cribbs Mall Nominee (1) Limited and Cribbs Mall Nominee (2) Limited, a case confirming that it is...more

Ward and Smith, P.A.

Restrictive Covenants: What Are They And Why Should You Care?

Ward and Smith, P.A. on

Restrictive covenants have a significant and substantial impact on the use and value of property; yet they are often ignored entirely or not considered until the end of the due diligence period before purchasing the property....more

Dorsey & Whitney LLP

Competition law and commercial property leases

Dorsey & Whitney LLP on

On 26 November 2015, the Court of Justice of the European Union (CJEU) handed down its judgment in Case C-345/14 Maxima Latvija on the application of competition law to a non-compete clause in a commercial property lease. The...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending May 22, 2015

Carlton Fields on

REAL PROPERTY UPDATE - Duty to Disclose/Vacant Property: plaintiff failed to present competent, substantial evidence of existence of fact materially affecting value of property and did not prove defendants had actual...more

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