Real Estate Law

Professor Jay Feinman, Co-Director of the Center for Risk and Responsibility, has prepared an analysis of the $308.6 billion figure that concludes it is pure misinformation. 1 The methodology used to […]

The truth about Florida’s property insurance market requires honest discussion, even when it means acknowledging valid points from all sides. However, this candor only reinforces the troubling […]

The 1802 New York Supreme Court case of Lenox v. United Insurance Company 1 offers timeless guidance on the distinction between preliminary “proof of loss” requirements and “proof” evidence […]

Do you know the historical origins of a property insurance policy’s proof of loss requirement? I love my fellow property insurance coverage nerd readers of this blog. One of them, attorney Tom […]

The recent Oregon federal court decision in Wilson v. Liberty Insurance Corporation serves as a stark reminder that invoking appraisal may be a one-way street with no turning off or around allowed. […]

You really cannot make this stuff up. Progressive Insurance Company, one of America’s largest auto insurers, is alleged to have created a scheme that would make ambulance chasers blush – directly […]

In the latest episode of the Resilience podcast, colleague Shellka Arora-Cox and Laura Pagliarulo, CEO and founder of SolaREIT, get down to the nitty-gritty in a discussion of the interplay of […]

Chip Merlin was talking to me about litigating the largest independent chicken egg loss claim ever in Texas. He told me that he spent hours looking at chickens, tens of thousands of them, and they […]

Why do some insurance companies nickel and dime their customers who have sustained a covered property loss? I was thinking about that while reading the case highlighted in yesterday’s post, […]

Yesterday, I submitted comments to Florida’s Department of Financial Services regarding Emergency Rule 69BER24-4. 1 The overwhelming response from insurance professionals, public adjusters, and […]

In a significant victory for policyholders, a federal magistrate in Northern California recently rejected most of Federal Insurance Company’s (aka Chubb) attempts to vacate a substantial appraisal […]

A recent federal appellate decision serves as a stark reminder for property managers about the importance of properly structuring insurance coverage for their property owner clients. In Sky Harbor […]

As someone who has spent decades battling insurance companies over wrongful claims practices, it might seem strange that I’m writing about the importance of insurance company profits. Trust me, I […]

On October 3, 2024, the Department of Energy Office of Clean Energy Demonstrations announced a Notice of Funding Opportunity (NOFO) to fund up to $400 million for clean energy projects in rural and […]

It is instructive to review the Supreme Court’s record in its most recent term, concentrating on regulatory and administrative law cases, which are usually back-burner issues. But not this term. […]

In the latest episode of the Resilience podcast, colleague and host Shellka Arora-Cox sits down with Kevin Yaich, head of M&A at Qcells USA, for a discussion of the current solar M&A […]

We all need water to survive—but access to the liquid lifeline isn’t always a given. With a shifting climate and ever-increasing agricultural and industrial demands on this limited commodity, […]

In our latest roundup, construction output decreased, office utilization unchanged, September apartment starts fell 15% from a year ago as developers pulled permits, and more! Developers pulled […]

In our latest roundup, Hurricane Helene affects infrastructure, California Gov. Gavin Newsom signs bills aimed at renter protections, Federal Reserve kick-off rate-easing cycle, and more! Hurricane […]

Colleague and host Shellka Arora-Cox recently sat down with Sandhya Ganapathy, CEO of EDP Renewables North America, to discuss the fascinating intersection of the energy transition and artificial […]

In our latest roundup, commercial mortgage bond market in trouble, commercial real estate investments, pressure on mortgage REITs, and more! Short-term issues facing U.S. commercial real estate have […]

New Increase Included In Recently Passed Affordable Homes Act Flying under the radar in the recently passed Affordable Homes Act is that the amount of protection offered by a recorded Declaration of […]

Traditional and social media are thick with reports and predictions of the remarkable increase in size, power consumption and significance of data centers. Not only technology companies but real […]

FBI Investigation: Scam Artists Use Forged Deed and Counterfeit ID’s to Steal Concord, MA Property; Local Real Estate Agent, Developer, and Attorneys Caught Up In Fraudulent Transaction Using a […]

Tenants Given Presumptive Right to Seal Certain Eviction Records; Strict Rules Imposed On Credit Reporting Agencies; Landlords May Lose Invaluable Tenant Screening Tool After years of lobbying, […]

Hundreds of Massachusetts Homeowner’s Association (HOA) Covenants, Conditions and Restrictions (CCR’s) May Be Void and Unenforceable After a homeowner balked about paying a late fee, I was […]

In California, a Partition action is used to resolve disputes between property owners, and results in sale of the property or physical division. The most common result is a judicial sale of the […]

A Massachusetts Real Estate Litigator Talks About Lis Pendens Basics, Strategy, and Pro Tips. Recently, I gave a well attended webinar for the Real Estate Bar Association on a subject that is near […]

An all-inclusive deed of trust (“AITD”) is used when the seller will be financing part of the selling price, and the buyer will also take subject to the existing deed of trust. The seller remains […]

Non-payment Evictions Put On Hold Until Tenant RAFT Applications Are Denied/Approved Ignoring strong opposition from property owners, the Legislature and Gov. Healey have re-enacted a Covid-19 era […]

As Hurricane Idalia heads for Florida’s Gulf Coast, some property owners, developers, construction industry professionals, and other building permit- and authorization-holders may be eligible for […]

Section 252.363(1)(a), Florida Statutes (2023), as amended by Section 4, Chapter 2023-304, Laws of Florida (SB 250, which applies retroactively to September 28, 2022 and which was signed into law […]

On May 8, 2023, Governor Ron DeSantis signed into law Senate Bill 264, creating Part III of Chapter 692 (692.201-692.205) of the Florida Statutes “Conveyances to Foreign Entities”. This new law […]

New Rules Aimed At Reducing Pandemic Era Case Backlogs and Delays Are the old days of packed Thursday morning summary process sessions coming back? They just may be. With the expiration of a pandemic […]

Wu Administration Misled Public On Details Of Plan: Corrupt Local Rent Control Boards Can Override Rent Increases, Lifetime Leases Allowed, Small Housing Providers Unfairly Targeted The Boston City […]

In my 25 years of law practice, I’ve seen a lot of crazy stuff, but this recent eviction case may top my list of “Professional Tenants.” With 14+ evictions, a slew of larceny charges on their […]

The Doctrine of Merger in California real property law provides that when a greater and lesser estate are vested in the same person, the lesser estate may merge into the greater estate and the lesser […]

Boston Mayor Michelle Wu Preparing To File Comprehensive Rent Control and Just Cause Eviction Bill Update (3/8/23): Learn About The Disastrous Rent Control Bill Passed By Boston City Council […]

High Court Rules That Trial Judge Improperly Instructed Jury On Golf Course Property Easement, Covenants and Restrictions In a case which has received national attention and a People Magazine […]

Appeals Court Rules That Liquidate Damages Clause Is Unenforceable Where It Allowed For Recovery of Rent For Remaining Term On Top of Rent Received From New Tenant If you enjoyed the famous Seinfeld […]

Assessor’s Parcel Numbers are usually included in the legal description of a deed. But that does not always work; there are times when the APNs do not exactly describe the individual parcel. The […]

Easements for road purposes are common in California. But what happens when the width of the granted easement is far greater than the road actually used by the easement holder? In a decision out of […]

A Notice of Action, also known as Lis Pendens (Latin for “a suit pending”), may be recorded in a lawsuit that involves title to real property. Because this will prevent sale or refinancing of the […]

What if you had an easement to place roads across property to access your own, and you then developed your property into a shopping center. Could you include parking spaces in the easement area? A […]