Columns & Departments
Cooperatives & Condominiums
Purchaser Adequately Alleged Concealment of Defects<br>Space Allocation Cannot Be Changed Without Unanimous Vote; Unjust Enrichment Claim Survives
Columns & Departments
Real Property Law
No Easement Created<r>Grant Created Valid and Alienable Possibility of Reverter<br>Contract Vendee Entitled to Specific Performance<br>Questions of Fact About Scope of Mortgage
Features
Waiving the Right to <i>Yellowstone</i> Injunctive Relief
In a case of first impression, and after it decided public policy would not be offended, New York's Appellate Division, Second Department, decided earlier this year that commercial tenants may contractually waive the right to seek a <i>Yellowstone</i> injunction in <i>159 MP Corp. v. Redbridge Bedford,</i>
Features
The Tax Cuts and Jobs Act and How It Affects Real Estate
<b><i>Part Two of a Two-Part Article</b></i><p>Part One of this article discussed changes affecting real estate including the pass-through business deduction adopted in new §199A of the Tax Act. Part Two expands upon the workings of the pass-through business deduction (pass-through deduction).
Features
Tenant Liability CERCLA Changes Under 2018 BUILD Act
One of the significant updates to the law is that now, a tenant at an industrial or manufacturing site can, under appropriate circumstances, claim the “bona fide prospective purchaser” defense to Superfund liability and escape strict, joint, and several owner/operator liabilities when leasing previously-contaminated property.
Columns & Departments
Case Notes
Lease Assignee Can Make Claim that Appears to Concern Only Property's Owners
Features
Thinking Outside of the Big-Box: Understanding License Agreements
One critical component to the successful evolution of a shopping center is creating a stronger connection with community through attractions, events and promotions that bring a fresh vibrancy to the centers. These specialty relationships and other short-term relationships are generally memorialized in a license agreement rather than a traditional lease.
Features
The Comprehensive Plan Requirement
Does a local law requiring site plan review satisfy the statutory requirement when a town (or village) has enacted neither a formal comprehensive plan for a zoning ordinance?
Features
The Tax Cuts and Jobs Act — How It Affects Real Estate
<b><i>Part One of a Two-Part Article</b></i><p>The Tax Act is the most sweeping change to the U.S. federal income tax laws since 1986. This and future articles discuss the individual tax and business tax provisions that affect real estate investment and investors in real estate.
Columns & Departments
Development
Developer Had No Vested Right to Subdivision<br>TDR Provision Not Adequately Referred to County Planning Board
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