Real Estate Law

States have different laws that apply to property insurance contracts. This blog writes about the variances of those state laws all the time. For example, in Florida, absent a provision in the […]

Section 80201 of the Infrastructure Investment and Jobs Act of 2021, Public Law 117-58, reinstates the long-expired federal excise taxes that are imposed on specified chemical substances used in […]

Agents and carriers don’t tell their customers that they’ll inspect to see if they ever wanted to insure them in the first place after issuing a policy. In California, the law gives this right to […]

As an investor, you’ve long focused on trying to help startups. You do this because there is the potential for tremendous growth. Everyone talks about wanting to have invested in Microsoft back […]

The two blogs which I have written over the weekend, Replacement Cost Policies Were Originally Illegal Out of Concern For Fraud and Arson and  Should Depreciation Be Taken On Partial Losses […]

When I was a young attorney, one of the issues which always came up at property insurance adjuster conferences was whether it was appropriate to take depreciation when only a repair was needed to a […]

When there is a disagreement between a contractor who does work on a house and the person who owns the property, the dispute can delay payments for the project. Frustrated service providers and also […]

The typical property insurance policy allowing for replacement cost valuation is often taken for granted today. A hundred years ago, the product was commercially unavailable.  Concerns for incenting […]

The Florida Supreme Court has held that cities cannot be compelled to enforce zoning laws. In City of West Palm Beach v. Haver, 2021 Fla. LEXIS 1572 (Fla. 2021), a neighbor sought a court order to […]

In a demonstration of the broken nature of our foreclosure system, the Alaska Supreme Court held in Thomas v. Joseph P. Casteel Trust, 496 P.3d 403 (Alaska 2021), that a foreclosure was lawful even […]

Construing a state statute, Wash. Stat. §49.60.227, the Washington Supreme Court held that racial covenants cannot be completely excised from public records. The court determined that the statute […]

he Arizona Supreme Court has limited the powers of homeowners associations to amend covenants retroactively when those amendments would unfairly surprise buyers who were not on notice of them when […]

The Texas Supreme Court has held that covenants that prohibit all restrictions on leasing cannot prohibit short term rentals, finding that a lease is still a lease if it only lasts for one […]

A Georgia court has ruled that residents of extended stay hotels should be classified as tenants with the protections granted by landlord-tenant law. That means they can be removed only by court […]

A California appellate court interpreted a conveyance to include both a fee simple subject to condition subsequent with a right of entry in the grantor and a conservation easement limiting the […]

In a reaffirmation of longstanding doctrine, a federal court in New York has applied the Trade and Intercourse Act of 1790, as amended, 25 U.S.C. §177 (the “Nonintercourse Act”), to hold that […]

Re-affirming a longstanding common law rule, a Maryland court has held that land use that interferes with a neighbor’s desire for unobstructed light and air neither constitutes a nuisance nor can […]

The Utah Supreme Court has held that a landowner who recorded covenants on land he did not own were potentially binding on subsequent owners of that land if they engaged in acts that ratified the […]

A lawsuit filed by the Restoration Association of Florida has accused Florida’s Insurance Commissioner, David Altmaier, of acting in concert with the insurers he regulates to unconstitutionally […]

Almost all property insurance policies require that the insured “assist and cooperate” in an insurer’s investigation. If an insured fails to “cooperate,” an insurer may have the right to […]

Businesses renovate office spaces at a historic pace, China plans to build a 3D-printed hydropower dam without human workers, the U.S. infrastructure package has thousands of projects underway, and […]

Clean hydrogen has the potential to play a significant role in the energy transition by serving as a carbon-free form of energy storage and heat production. In real estate, hydrogen could provide […]

A History of the Insurance Company of North America was written in 1885. The book has a copy of a 1793 marine insurance policy with standard language containing an insurance clause:1 Bob Norton of […]

Over the last several years, the proptech movement has become entrenched in the lexicon of the real estate industry as developers use the term as a catch-all term for using technology in the […]

Most landlords hope that each tenant they lease property to will abide by the lease and pay their rental payments on time. While there are very responsible renters who will do this, there are often […]

Ever get so curious about something that is not so meaningful, but you just have to know the answer to satisfy your curiosity? I have been on a very nerdy quest about older appraisal clauses in […]

Over the last few days, I have been flooded with articles about one mortgage company after another laying off hundreds, or thousands of employees because over the last several weeks, mortgage […]

In quiet title actions a common defense is the statute of limitations – has the plaintiff waited too long to file suit? Generally, the clock does not run while the defendant is in “undisturbed […]

As we indicated in our recent blog, increasing interest rates and home prices led to the consumer behavior of increasing home sales due to buyers’ having a fear of missing out as concern grew that […]

Steve Badger claimed that many more insurance companies will be placing managed repair options into insurance policies. During our debate at the Lloyd’s Property Insurance Claims Group Conference […]

From our homes to our workplaces, the deployment of smart technology is becoming increasingly prevalent. The Wall Street Journal notes that smart-building-related companies raised $2.88 billion in […]

The supply of homes for sale is on the uptick, the White House releases a plan to improve the permitting process for infrastructure projects, cryptocurrency opens the door to a new class of property […]

If there is a river or other waterway located on your property, you may wonder if you have a right of access to it. Since it’s on your property, you would think that you would have access, but that […]

Your neighbor finally got enough money together to add on the sunroom they’ve always wanted. Knowing you’re a contractor, they would like you to build it for them. You’ve never been hired by a […]

Many people choose to buy real estate rather than lease it so that their monthly payments lead to accrued equity. Businesses may decide to buy their premises for the same reason. The facilities that […]

Following up to our recent post regarding a judge denying 3M’s request for discovery, a massive $2.2M verdict has just been awarded last week  due to defects in 3M’s CAEv2 earplugs, which  was […]

Dear Friends: In 1849, the French writer Jean-Baptiste Alphonse Karr penned “The more things change, the more things stay the same.” While we all may not entirely agree with this quote, […]

Partnership disputes aren’t all that uncommon. People often start out as partners with the same goals in mind, but as the business grows and changes, their preferences may change. One person may […]

Non-Fungible Tokens (NFTs) are changing how we think about asset ownership in the real world and in the digital world. NFTs—unique digital tokens stored on a blockchain ledger that represent […]

Construction payment apps are on the rise, the European Union proposes to block Russians from buying European real estate, warehouse vacancy rates hit a 27-year low, and more. The Metaverse Group has […]

For many people, purchasing real estate is a straightforward process. They tour properties they like, make an offer and then sign paperwork later. Unfortunately, there are occasional disruptions in […]

As brokers, you are constantly looking at ways to maximize value for your clients. Whether you represent sellers or buyers, you may be missing out on huge opportunities by not engaging in land use […]

Pillsbury’s Anne Idsal Austin moderated a Federal Bar Association (Houston Chapter) panel discussion with Erin Chancellor, Director of Legal Services at the Texas Commission on Environmental […]

In what can be seen as a victory for our servicemen and women who have suffered hearing complications due to 3M’s defective earplugs, a Florida federal judge has denied 3M’s bid requesting that […]

Though ESG has been around for a while, with roots that extend back to the environmental sustainability movement, the script for current ESG litigation and investigations is still being written. ESG […]

In a perfect world, everyone would have direct access to their home and unilateral control over what they do with their property. However, the reality is not always so simple. One such instance of […]

Before moving into a rental unit, chances are your landlord will require you to pay a security deposit. And when the time to move comes around, you will be delighted to know that your security […]

While both interest rates and home prices in South Florida have increased, there is still an upsurge in real estate investment and purchases. Typically, rising mortgage rates and higher than normal […]

There is a rise in homeowner associations attempting to block investors from purchasing residential properties for rental purposes. These groups claim that, by having companies buying rental […]

If your business is expanding or opening a new location, or if you are opening your first location, it’s an exciting time. Chances are, you want to get all the paperwork out of the way as quickly […]