Tag Archives: real estate

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.

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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.

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ILN Today Post

The risk of uninsured risks

Almost all leases include an obligation on the landlord to insure the building.  The main reason for this is that the landlord has a capital interest in the building and wants to control its state of repair by way of insurance and service charge rent.  Additionally, where the building has several tenants, it is far simpler for the landlord to arrange the insurance than to leave it to the various tenants.  The lease will list the ‘insured risks’ which the landlord has an obligation to insure against.  These will include the standard risks such as fire, explosion, storm, impact by vehicles or planes, etc.  In a fully repairing and insuring (FRI) lease, the tenant has an obligation to keep the property in good (and substantial) repair and condition, but this will usually exclude any damage caused by an insured risk.  This means that if the property is damaged by an insured risk, the tenant does not need to repair the damage (which is only fair seeing as the tenant is paying the insurance premium and otherwise would effectively be paying twice), the landlord must reinstate and the rent under the lease is suspended until the property has been reinstated.

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Japanese knotweed: The nightmare neighbour

The damage that Japanese knotweed can cause has been highly publicised over recent years. Growing by up to 10cm a day, it quickly covers land above ground, and has the potential to spread widely underground. It is said to spread beneath the foundations of properties and compromise their structure; it can cause cracks, undermine garden walls with shallow foundations, and even push over insubstantial outbuildings.  While some may argue that the damage it is alleged to cause is something of an urban myth, professional guidance nonetheless does suggest that all ground within 7m of Japanese knotweed should be considered blighted. For that reason, lenders will often refuse to lend against a property where Japanese knotweed is found within such close proximity. Proper remediation to eradicate the knotweed can take years, and is extremely costly.

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Responsibilities of Executors When Selling Property

Acting as an executor can be an onerous obligation. It is important at an early stage in the administration process to understand the responsibilities of an executor to avoid any potential negligence and personal liability. An executor should act diligently and endeavour to administer an estate within 12 months. Outside of that time limit the executor should have justifiable reasons for delays that arise.

When selling assets executors should achieve the best price possible. They need to take professional advice and ensure that they follow the views of the majority to avail of the protection afforded to them under Section 50 Succession Act 1965. The views of the majority must be exercised in good faith, and without personal motivation and/or conflicts of interest.

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China Home Buying and Pricing Increase Trend

Arnstein & Lehr Attorney Ronald Fieldstone

Ronald R. Fieldstone

The phenomenon of escalating home buying and prices continues in China. According to recent publications, the real estate sector now accounts for one-third of China’s GDP compared to 10% just a decade ago. Household debt has increased significantly during the last decade (now 42%). However, since it is only as a share of new loans, it is still far less than the 78% factor encountered in the United States. Home prices have dramatically risen in the major cities in China compared to other major cities in the world. Intensified government restrictions have apparently created an accelerated effect on home buying. Sources indicate that at the end of 2016, real estate accounted for approximately 69% of household assets compared to less than 60% in the U.S.

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ILN Today Post

Mangler ved fast eiendom – nar gammelt byttes med nytt

Skal det foretas fradrag for standardheving før det vurderes om forholdet utgjør en vesentlig mangel etter avhendingsloven? Nei, har Høyesterett avgjort i en nylig avsagt dom.

Avhendingsloven § 3-9 andre punktum regulerer mangelsvurderingen når en eiendom er solgt «som den er/as is» og det ikke foreligger opplysningssvikt fra selgers side. I disse tilfellene vil det kun foreligge en mangel dersom eiendommen er i vesentlig dårligere stand enn det kjøperen hadde grunn til å regne med på bakgrunn av kjøpesummen og forholdene ellers.

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Hvem er jeres reelle ejere?

Indtil nu har der kun været pligt til at registrere de direkte – legale – ejere i et selskab i Erhvervsstyrelsens ejerregister. Denne forpligtelse består fortsat, men udvides også de til reelle ejere.

Med lov nr. 262 af 16.03.2016 som trådte i kraft den 23. maj 2017, fik selskaber, foreninger og fonde pligt til at identificere og registrere deres reelle ejere.

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Ekenberg & Andersson employs Martin Szydlowski and Karin Engström

Ekenberg & Andersson has recruited attorney at law Martin Szydlowski. Martin will primarily be working within the fields of dispute resolution, real estate law and commercial contract law. Previously Martin has worked at the Swedish Transport Agency. Ekenberg & Andersson are looking forward to Martin join the firm on 1st of June 2017!

Ekenberg & Andersson has recruited Karin Engström as marketing- and office coordinator.  Karin has a Bachelor of Political Science from Uppsala University. In addition to being marketing- and office coordinator Karin also offers administrative assistance to the lawyers and attorneys.

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ILN Today Post

Supermarkets and ships: solicitors in shock!

Well, not quite shock.

Two cases from November 2016, from different divisions of the High Court, have stood out as providing specific advice, or more accurately warnings, to contract drafters, be they solicitors or not. The cases concern very different industries, but each contain an important message to contract drafters and clients: in all elements of commercial contract work, be as clear as possible when drafting your contract, if you want to avoid costly disputes.

 

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