By Steven M. Regan and William G. Bornstein on Posted in Real Estate (U.S.)
The Pennsylvania Legislature enacted extensive changes to Title 56 of the Decedents, Estates and Fiduciaries Code affecting powers of attorney, effective as of January 1, 2015. The amendments create a number of issues for creditors in commercial transactions and individuals and businesses engaging in the transfer of equity interests, bonds or other assets of a … Continue Reading
It is the time of year when the Great British weather batters buildings up and down the country causing signs to fall off some and roofs to cave in! Beware, though, if you are the Landlord or manager of a mixed use building – emergency repairs may cost you more than you think. Section 20 … Continue Reading
Pennsylvania Act No. 129 of 2012 (effective September 4, 2012), amended the Landlord and Tenant Act of 1951 to provide for the disposition of personal property deemed abandoned by a tenant. The Pennsylvania legislature has returned to this subject with Pennsylvania Act No. 167 of 2014 (effective December 21, 2014). Under the prior law, there … Continue Reading
Property owners, lien-holders and community development organizations in Pennsylvania, take note. Governor Corbett recently signed House Bill No. 1363 amending the act of November 26, 2008 (P.L.1672, No.135), also known as the Abandoned and Blighted Property Conservatorship Act. Depending on your viewpoint, the amendment gives much needed teeth to a tool for combating blight, or … Continue Reading
On September 18, 2014 Congress amended the Interstate Land Sales Full Disclosure Act (“ILSA”) to exempt condominiums from the filing and registration requirements. Originally intended to protect consumers against fraudulent land sales practices such as selling lots that were underwater or unable to obtain utility services, the federal courts and the Department of Housing and … Continue Reading
When tenants offer landlords guarantees of their lease liabilities landlords need to take care what assignment rights the tenant can have and this was demonstrated in last week’s Court of Appeal decision in Tindall Cobham 1 Ltd v Adda Hotels. As you may recall, prior to the KS Victoria case (previously reported here) it was … Continue Reading
this is a follow-up to an earlier blog post on this issue from March, 2014 On Thursday, August 14, 2014, the Supreme Court of Pennsylvania advised that it would consider the appeal from the Superior Court determination dated March 14, 2014 in the matter of Sheddon v. Anadarko E&P Co. LP. We will continue to update this … Continue Reading
On Thursday, July 17, 2014, in the matter of Robinson Township, et. al. v. Commonwealth of Pennsylvania, the Commonwealth Court of Pennsylvania issued the latest decision in the state judicial system’s ongoing review of amendments to Pennsylvania’s Oil and Gas Act (“Act 13”). Under a prior decision issued on July 26, 2012, the Commonwealth Court … Continue Reading
This post was written by Katherine Campbell and Siobhan Hayes. We have just had a reminder that a landlord’s obligation to pay rates can arise when it has the legal right to take possession even though it is careful not to do so. The case in question is Schroder Exempt Property Unit Trust v Birmingham … Continue Reading
On July 9, 2014, Governor Corbett signed Act 117 of 2014, amending Pennsylvania’s Mechanics’ Lien Law of 1963 (Act of August 24, 1963, P.L. 1175, No. 497, 49 P.S. §1101, et seq.). One of the principal purposes of the amendments appears to be the overruling of the Pennsylvania Superior Court’s decision in Commerce Bank/Harrisburg, N.A. … Continue Reading
Negotiation of the construction allowance is an important part of most commercial lease transactions and usually centers around the size of the allowance and the type of improvements to be constructed. However, the tax consequences flowing from the construction allowance are frequently subject to far less negotiation. If the tenant owns the improvements after construction, … Continue Reading
If you are a landowner who owns land that came to you or your family through a land grant from the United States government and that land abuts or lies beneath what is now an abandoned railroad, then you might have a legitimate claim to say to the government, “show me the money!” A January … Continue Reading
On April 8, 2014, the Commonwealth Court of Pennsylvania issued its decision in Kraftdev Assoc., LLC v. East Cocalico Township Authority, affirming the trial court’s grant of summary judgment in favor of Kraftdev Associates, LLC (“Kraftdev”). In so doing, the Court clarified some important aspects of the scope and application of the Development Permit Extension … Continue Reading
When I moved to New York over seven years ago, it wasn’t easy finding an apartment. Internet rental listings had not yet caught on; I actually had to pick up the phone and call (gasp!) a broker or a friend to help locate available apartments. Since then, there has been a proliferation of web sites … Continue Reading
Part of a series on creative Real Estate financing. Using New Market Tax Credits to finance projects Let the Purchaser do the Financing Although the economy is showing signs of recovery in fits and starts, the traditional commercial real estate lending market is still tight for many developers. A number of non-traditional, non-bank financing sources … Continue Reading
On April 8, 2014, the Court of Appeals for the Seventh District of the State of Ohio issued its opinion in the matter of Walker v. Noon (2014-Ohio-1499). In Walker, the Court considered competing claims to a previously severed mineral estate between a surface owner, Jon Walker, Jr. (“Walker”), and the purported owner of the … Continue Reading
This is a follow-up to an earlier blog post on this issue from March, 2014. On March 25th, I posted about the legal implications of using on-line apartment-renting services like AirBnB. Specifically, the post discussed how AirBnB hosts should be mindful of their state’s tax laws and occupancy laws. A few days after the post, … Continue Reading
This is a follow-up to an earlier blog post on this issue in October, 2013. Last October, the U.S. House of Representatives voted to approve H.R. 2600, which would have expressly exempted condominium developments from the Interstate Land Sales Full Disclosure Act (“ILSA”). Ultimately, the bill was left to languish during the discussions surrounding the … Continue Reading
On March 12, 2014, the House Committee on Oversight and Government Reform advanced a bill proposing to make the first changes to the Height of Buildings Act of 1910, a federal law establishing height limits on Washington, D.C. buildings. The height restrictions were implemented in response to the construction of the 164-foot Cairo Hotel in … Continue Reading
On March 14, 2014, the Superior Court of Pennsylvania ruled in favor of an oil and gas exploration company, applying the doctrine of estoppel by deed to prevent a landowner from partially repudiating an existing oil and gas lease. This decision is significant for oil and gas lessees as it stands for the proposition that … Continue Reading
This is a follow-up to an earlier blog post on the PA Supreme Court Act 13 decision On Friday, February 21, 2014, the Pennsylvania Supreme Court announced that it would not reconsider its December, 2013 decision striking down as unconstitutional broad portions of the 2012 law amending Pennsylvania’s Oil and Gas Act (Act 13). Following the … Continue Reading
A new year brings the inevitable macroeconomic predictions and conjecture about how those predictions will affect real estate and capital markets, in addition to real estate asset class and market forecasts. The CoStar Group summarized 14 predictions it likes for 2014, and other real estate firms, such as Colliers International and Jones Lang LaSalle, offered … Continue Reading
This post was also written by Peter Schnore. The Pennsylvania Supreme Court’s December 2013 decision regarding the constitutionality of the 2012 law amending Pennsylvania’s Oil and Gas Act (Act 13) came as a disappointment to the oil and gas industry. Conversely, the decision was a holiday gift to those governments, groups and individuals seeking greater … Continue Reading
This post was also written by Jon Pike and Richard Perkins. Last spring we posted on the difficulties facing landlords and tenants as a result of the High Court decision in Good Harvest. Yesterday we had some good news as the Court of Appeal has reconsidered the point and introduced some commercial common sense into the law.… Continue Reading
