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 estate be terminated. A practical example is the case of an easement on one of the properties (the servient) for…
Why It’s Hard to Get a Mortgage in Canada One of the things that all investors face sooner or later is a head-on confrontation with tough financing rules. Over the last 20 years, the Canadian federal government has tightened the rules around getting a mortgage. These moves have been aimed at cooling Canada’s hot real…
As of July 1, 2023, Florida’s recently enacted legislation, SB264, restricts certain foreigners from buying or owning Florida real estate. Specifically, the new law, codified in Florida Statutes 692.202-204, provides land ownership restriction, prohibiting “foreign principals” from owning or acquiring agricultural land or real property within ten miles of any military installation or critical infrastructure…
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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 extensions to preserve their development and construction rights. A Florida law allows certain qualifying permits and authorizations to be extended beyond their current expiration dates once the Governor issues a…
Nobody likes to be told not to do something. So, I am writing this blog post understanding that my contractor friends, who I have written about in many posts such as Restoration Contractors Providing Great Quality Workmanship Are Policyholder Friends But Many Insurance Companies Refuse To Pay For Quality, and The Hero Contractor: Being a Contender and Not…
Over the last 5 years or so, we’ve seen major changes in the California residential landlord tenant world, including one of the most impactful changes to California residential landlord tenant law in recent memory – the Tenant Protection Act of 2019 (“TPA”). As discussed in previous publications, the TPA created statewide rent control and just…
Read More “Big Changes to Residential Housing Laws in California: SB567 and AB12” »
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 Napa the court held that a deed granting a nonexclusive easement of a specified width does not, as a matter…
In Book v. Cociardi1, the Court of Appeal firmly rejected the argument that in any personal injury case where the plaintiff has allegedly sustained a permanent cognitive injury, they should undergo a capacity assessment to manage property and personal care before signing minutes of settlement. The Court of Appeal held that “this is not the…
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Thomas Kearns Publishes Top 2023 Legal Developments Affecting New York’s CRE Industry in NYREJ New York Real Estate Journal published an article on January 30 authored by Co-Chair of Olshan’s Real Estate Law practice Thomas Kearns entitled “Top 2023 Legal Developments Affecting New York’s Commercial Real Estate Industry” (by subscription). 2023 was a year of dramatically…
So, you’ve found your dream home, made and secured the offer and got your mortgage paperwork moving. When the exciting day of completion finally comes around, you’ll be ready to transfer a large sum of money over to your conveyancing solicitor. As with all deposit transactions, you’ll likely check the details, and then check again,…
Read More “What Is Friday Afternoon Fraud in the World of Conveyancing and Property Law?” »
