Columns & Departments
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Insufficient Hostility to Establish Title By Adverse Possession or Prescriptive Easement
Adverse Possession Claim Against Governmental Land Upheld When Land Not Held for Governmental Purposes
No Preliminary Injunction in Action to Declare Sale Contract Void
Features
Danielle C. Lesser
Malls across America, long suffering even before the rise of COVID-19, are now forced to confront a wave of store closures. Troubled retailers will, without doubt, seek to close their failing mall locations. To stem these efforts, landlords have applied to courts for injunctive relief to force stores to remain open and operating, despite lagging sales, through the enforcement of the "continuous operations provision" found in mall leases.
Columns & Departments
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Despite Proximity, Neighbor Lacked Standing to Challenge Alleged Zoning Violation
Neighbors Entitled to Remedy Against Landowner's SLAPP Suit
Area Variance Denial Overturned
Columns & Departments
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Condemnation Upheld Despite Benefit to Private Party
Features
Richard S. Fries
As a result of the coronavirus pandemic, a property owner might reach out to its lender for urgent, needed debt relief. The lender, which strives for a performing asset, an on-going relationship with its customer makes concessions. In exchange for these concessions, the lender should obtain credit and legal enhancements., which should also enable the lender to make concessions that are more meaningful to the property owner, its investors, its tenants and its business.
Columns & Departments
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Sponsor Correctly Calculated Reserve Fund
Shareholder Did Not Breach Survival of Closing Affidavit
Features
Christine Simmons
Overall, the pandemic will likely result in long-term changes for law firm offices. While law firm leasing activity will eventually pick up, firms may decrease their overall footprints, taking up 10% to 15% less square footage because some people will continue working from home.
Columns & Departments
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Lease Provision Does Not Bar Conversion Claim for Damages After Issuance of Warrant of Eviction
Features
Stewart E. Sterk
Jeffrey Turkel's lead article in last month's issue focused on the Regina Metropolitan case, in which the Court of Appeals invalidated a number of…
Features
Dana Delman
&
John Vukmanovic
When COVID-19-related restrictions imposed by state and local governments are lifted, there is no guarantee that they will have done more than delay the inevitable: eviction and bankruptcy. Modifications should be used to cut risk and losses. If at all possible, landlords and tenants should cooperate now to avoid that outcome.
