Tag Archives: real estate

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.

Read More

Read full article
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).

Read More

Read full article
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.

Read More

Read full article

Legislature Passes More Stuffing: Budget Bill Contains Change to Massachusetts Condominium Statute

While the rest of us were planning for Thanksgiving and Black Friday, the Legislature in early November was busy stuffing a supplemental budget bill with its own surprise gifts. Of interest to condominium associations and unit owners, buried in the bill was an amendment to Section 10(c) of the Commonwealth’s condominium statute, Mass. General Laws Chapter 183A. The amendment creates a new requirement that minutes of condominium meetings “be made available to unit owners through electronic mail upon request.”

Neither the statute in its prior form nor the amendment requires that minutes be kept. However, any minutes kept must now not only be made “available for reasonable inspection” by unit owners and mortgagees, but they must also be emailed to unit owners who request them. This requirement applies to minutes from both unit owner and board meetings. 

Read full article
ILN Today Post

Rentcharges – historic but current

What are they?

Rentcharges are any annual or other periodic sums charged on land, except rent reserved by a lease or any sum payable by way of interest.  If they remain unpaid, there could be disastrous consequences even if payment has not been demanded.

They were common in the 19th century in Manchester, Bristol and Bath where freehold owners sold properties to developers for less than market value in return for the developers paying an annual rentcharge. They were also used as part of imposing covenants on land.

Read More

Read full article

Davis Malm welcomes

Davis Malm announces that Alicia R. Selman has joined the firm as an associate. Ms. Selman practices in the Real Estate and Environmental area. She assists in a range of real estate transactions and litigation matters for individuals and commercial clients, including lenders, developers, title insurance companies, and condominiums. Prior to joining Davis Malm, Ms. Selman interned with the Hon. Howard P. Speicher at the Massachusetts Land Court, as well as with the Massachusetts Development Finance Agency, the Executive Office of Health and Human Services, the Women’s Bar Association of Massachusetts, Coldwell Banker Residential Brokerage, and two private practice law firms.

Read full article
ILN Today Post

Understanding insurance indemnity principles and providing lender protection

Real estate finance lenders need to achieve three things:

  • First ranking security over the real estate asset.
  • Maintenance of the real estate asset’s value by ensuring all damage is reinstated (and insurance proceeds applied accordingly).
  • Fixed security over any lump sum payment.

This all sounds simple enough but on nearly every real estate finance transaction insurance requirements are the last to be agreed. It can be helpful for both lenders and borrowers to understand how insurance claims are dealt with by insurers to be able to agree insurance requirements and ensure that the borrower’s broker will be able to deliver on these.

Read More

Read full article
ILN Today Post

The New Telecommunications Code: are you equipped?

After a long wait, the new Electronic Communications Code is due to come into force at the end of this year or early 2018. The new Code is a complete replacement of the existing Telecoms Code, introducing new procedures and timescales. Thekla Fellas gives an overview of the main changes to the Code and how the new procedures will work.

Read More

Read full article
ILN Today Post

Landsholdsspiller – ansættelsesretlig status?

Uden ellers at ville blande mig i den igangværende konflikt mellem kvindefoldboldlandsholdet og DBU om en fremtidig landsholdsaftale og spørgsmålet om landsholdsspillernes eventuelle status som lønmodtagere, vil jeg knytte nogle ansættelsesretlige bemærkninger til problemstillingen.

Hvem er lønmodtager i traditionel forstand?
Ansættelsesretligt findes der ingen generel lovbestemt definition på lønmodtagere. Speciallovgivningen opererer derimod med definitioner, der ikke er fuldt ud parallelle. Disse specialbestemmelser findes primært i relation til skatteretlige og social-/pensionsretlige forhold. Personer der indtager lønmodtagerstatus har ofte, i forhold til ikke-lønmodtagere, en række rettigheder, der ikke kan fratages lønmodtagerne ved individuel (ansættelses)aftale.

Read More

Read full article
ILN Today Post

Spotlight Award Book of Lists 2017/2018 Received by Kochański Zięba & Partners

Kochański Zięba & Partners law firm have received the SPOTLIGHT AWARD BOOK OF LISTS 2017/2018 WARSAW BUSINESS JOURNAL in the category: leading mergers and acquisitions advisory firm. KZP is recognized for exemplary advisory services provided to Redefine Properties Limited, South Africa-based real estate investment trust listed in the Johannesburg stock exchange market, during the acquisition of 75% of shares in Echo Prime Properties B.V. from Echo Investment S.A. The transaction value, the largest in the history of the Polish real estate market, amounted to PLN 5.3 billion.

According to the Jury, Kochański Zięba & Partners have once again demonstrated their expert knowledge of the legal aspects of international mergers and acquisitions as well as displaying an extraordinary knowledge of the commercial real estate market.

Read full article