Columns & Departments
Real Property Law
Title Insurance Inducements<br>Purchaser's Willful Default/Down Payment<br>Tortious Interference Claim Reinstated<br>Easement Scope<br>Mortgage Acceleration
Features
A Clash Between 'Free and Clear' and Tenants' Rights Under the Bankruptcy Code's Section 365(h)
With the recent carnage in the retail industry, including Sears and many other retailers of all shapes and sizes, a lot of attention goes to the fate of landlords when their tenants seek bankruptcy protection.
Columns & Departments
Case Notes
First Court's Lack of Jurisdiction over Cause of Action Means Second Action Is Not Barred
Columns & Departments
Real Property Law
Ownership of Shifting Beaches<br>Brokerage Commission Provision Expired<br>Adverse Possession/Tennis Court<br>Deed Obtained by False Pretenses
Columns & Departments
Development
Negative Declaration/Time Bar<br>No Estoppel Against Village<br>Denial of Area Variance
Columns & Departments
Landlord & Tenant
Prior Judgment Does Not Bar Breach Claim<br>Accommodation of Disabilities
Features
Management Fees: Make Sure Your Lease Is Clear
There is no uniform approach relating to management fee provisions in leases, and courts will recognize inequities in the charging and payment of management fees when lease terms are ambiguous or a landlord or tenant fails to comply with the terms of its lease.
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