Tag Archives: real estate law

Fourth Release of “Buying & Selling Real Estate: An International Guide”

Our Real Estate Specialty Group announced today the fourth release of its publication, “Buying & Selling Real Estate: An International Guide.” This collaborative electronic guide offers a summary of key real estate law principles in almost 30 jurisdictions across the globe, serving as a quick, practical reference for those buying & selling real estate in these jurisdictions.

We’re so pleased to offer the fourth edition of our guide, which builds on our previous efforts. We have expanded the guide by six jurisdictions, including Colombia, Hungary, India, Norway, Panama, and Singapore. The group has also updated the guide with the latest figures and regulations for their countries. It’s a practical and valuable resource for firms and companies with multinational real estate needs.

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ILN Announces Third Edition of “Buying & Selling Real Estate: An International Guide”

The International Lawyers Network’s Real Estate Specialty Group announces the third release of its publication, “Buying & Selling Real Estate: An International Guide.” This collaborative electronic guide offers a summary of key real estate law principles in 21 jurisdictions across the globe, serving as a quick, practical reference for those buying & selling real estate in these jurisdictions.

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ILN Today Post

Restrictive covenants; do they mean I can’t redevelop my property?

Developers often identify land that looks good for development on the face of it, only to discover that there are restrictive covenants preventing the land from being developed or used in the way they would like. This can be incredibly frustrating; especially where the restrictive covenants are historic and the interests they seek to protect appear to be of limited modern relevance.

In this article I will explore what a developer can do when confronted by such a restrictive covenant. I have used “beneficiary” to describe the party with the benefit of the restrictive covenant and “you” to describe the developer.

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ILN Today Post

Block-insurance-buster

Block insurance policies are a very common way of insuring multiple properties. Landlords can benefit from economies of scale and may find the administration easier with only one renewal date and uniform terms. However, earlier this year the Upper Tribunal held that one landlord could not recover its block policy premia, despite being permitted to do so under the terms of its lease, because the premia were not “reasonably incurred”.

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Revised edition of RSS’s book on the interpretation of residential insurance policies

January 29, 2018 — RSS is pleased to announce that a revised edition of Residential Insurance Policies, Annotated, published by Éditions Yvon Blais, is now available. The contents and presentation have been completely re-examined to offer a comprehensive and easy-to-use tool.

More specifically, the book, with over 1,100 case law references, was thoroughly reorganised to concentrate the cases around similar clauses or according to the topics related to the interpretation of the insurance policies.

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ILN Today Post

Billion Dollar Career in Luxury Residential and Commercial Deals

With just over a week left in 2017, Leo G. Aubel of Howard and Howard Attorneys PLLC was busy closing some $50 million in luxury residential and commercial real estate deals. At 200 transactions a year, Aubel estimates he is well over $1 billion in residential real estate transactions for his career so far. The total may well have surpassed $2 billion with commercial real estate deals added in, he says.

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ILN Today Post

Starting as you mean to go on…pre-emption rights and applications to assign

This case involved a dispute between the tenant (in administration) (TCG) and the defendant (Girdlers) in relation to the proposed assignment of a lease of pub premises in London. The lease contained a provision prohibiting assignment without the consent of the landlord, such consent not to be unreasonably withheld, but prior to seeking consent the tenant was obliged to grant an option to the landlord at its market price.

The tenant went into administration and its administrators entered into a business purchase agreement with a purchaser. The tenant claimed to have made the offer to take back the lease and that the landlord failed to accept it. The tenant also claimed that it sought consent to assign. The landlord disputed that such an appropriate offer was made and also whether the tenant (as opposed to the assignee) had made a valid application for consent. There was also a dispute as to whether the landlord was unreasonably withholding consent in insisting upon a rent deposit or guarantee.

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ILN Today Post

Car parking: display or pay!

Summary

The owner of a shop claimed rights to park on an adjoining car park on the basis that it had acquired rights to do so over a period of 20 years’ use. As the car park owner had maintained clearly visible private car park signs, these were indicative of its continuing objection to unauthorised parking and were enough to stop the shop owner acquiring rights.

Facts of the case

The issue arose in a Court of Appeal case[1] relating to a dispute between the owners of a fish and chip shop and an adjoining social club.

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ILN Today Post

Hvilke omkostninger kan reducere en salgspris på en ejendom?

Beskatningen af fast ejendom er i Danmark reguleret af to regelsæt, nemlig enten ejendomsavancebeskatningsloven eller en ældre bestemmelse, der giver mulighed for næringsbeskatning. Næringsbeskatning foreligger alene, hvis man har som virksomhed at handle med fast ejendom. Har man ikke som virksomhed at handle med fast ejendom, sker beskatningen af fast ejendom efter ejendomsavancebeskatningsloven (EBL).

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ILN Today Post

Major change to the taxation of commercial property

Radical changes to the taxation of UK real estate were announced in the autumn Budget.

Investment into UK real estate has long had a privileged status, especially for investors based overseas. But over the last few years those tax privileges have been whittled away.

Two years ago the UK extended Capital Gains Tax to individuals and closely held companies owning UK residential property. Last year the UK tax code was amended to make sure that profits from development of UK land were taxed wherever they arose. And in this year’s Budget the Government has announced that with effect from April 2019 offshore investors will pay Capital Gains Tax on their profits from UK commercial real estate.

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