Features
Enforcing Conservation Easements
In Peconic Land Trust, Inc. v Salvatore, the Second Department affirmed the Motion Court’s grant of summary judgment upholding the notice provisions in a conservation easement and held that the landowner’s failure to notify the land trust before they cut down trees that were protected by that conservation easement was a material violation of the easement. The Second Department affirmed Justice Pastoressa’s decision and held that the land trust was entitled to judgment “compelling the restoration of the [protected] property to the condition that existed prior to such violation.”
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Development
Denial of Variances and Special Permit Upheld
Features
Senate Introduces Measure for ‘Permanent Renewal and Enhancements of Opportunity Zones’
As part of its work on the major budget and tax bill, the Senate has introduced a measure that would offer “permanent renewal and enhancement of opportunity zones.”
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Co-ops and Condominiums
Evidence Establishes Intent to Create Joint Tenancy
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Landlord & Tenant Law
Reliance Not Necessary to Establish Fraud Exception to Four-Year Lookback PeriodGuaranty Survives Lease Modification
Features
Law Firms Reducing Unused Office Space, Expanding Collaborative Space
As law firm employees continue to spend far less time at the office than they did before the onset of the COVID-19 pandemic, firms are responding both by reducing unused office space to save on overhead while concurrently expanding the amount of space dedicated to collaborative work.
Features
10 Hidden Values In CRE Organizations and How to Exploit Them
There are many hidden and opaque tenets in management, business models, operations, and financial structures that have inherent value within a CRE company. Managers of CRE firms must know of or at least be cognizant of these values to exploit them and further enhance the worth of their real estate assets and business.
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Real Property Law
Easement By Prescription Claim Upheld; Easement By Necessity Claim DismissedEasement By Necessity to Obtain Access to Crawl SpaceImplied Easement Based on Pre-Existing UseConstructive Trust Over Half Interest In PropertyAdverse Possession of Beachfront Land
Features
Ninth Circuit Revives CoStar Competitor’s Antitrust Counterclaims
The U.S. Court of Appeals for the Ninth Circuit on June 23 revived a competitor’s antitrust counterclaims against rival real estate data provider CoStar Group Inc.
Features
PA Supreme Court Shifts How Courts Assess Impact of Takings In Eminent Domain Cases
In a decision that could reshape how property rights are valued in Pennsylvania, the Pennsylvania Supreme Court ruled that property owners may receive just compensation for noncontiguous parcels taken by the government — so long as those parcels were functionally unified.
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