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HTMLBeware of LUST
Katherine A. Joyce; Bernstein Shur;
Legal Alert/Article
August 4, 2014, previously published on August 4, 2014
Today, we’re talking about LUSTs: Leaking Underground Storage Tanks. Not what you were expecting? Well, if you are in the market for commercial real estate, I can assure you that you will be even more disappointed if you unwittingly purchase property on which a LUST is located. Ownership of a...

 

HTMLJudge Allows Rudolph Friedmann’s Motion for Directed Finding
Rudolph Friedmann LLP;
Legal Alert/Article
August 2, 2014, previously published on July 24, 2014
After nearly two years of litigation in a Civil Contempt action filed by the Office of the Attorney General (the “Commonwealth”), including nine days of trial in Suffolk Superior Court, the Honorable Linda E. Giles recently dismissed all claims against Rudolph Friedmann’s client....

 

HTMLWhy Young Professionals Are Taking the Duplex Dive
Tyler Ellis; Boylan Code, LLP;
Legal Alert/Article
August 2, 2014, previously published on July 22, 2014
Many local students, graduates and young professionals seek to live within the city bounds of Rochester. With the high price of properties, some homebuyers have turned to an increasingly popular option: a two-family home, or a duplex. While duplexes carry with them numerous responsibilities, they...

 

HTMLWhen Is a Contracted Out Lease Not Contracted Out?
Withers Bergman LLP/Withers LLP;
Legal Alert/Article
August 2, 2014, previously published on July 29, 2014
A landlord and tenant may agree that the tenant of commercial premises will not have a statutory right to a renewal lease when the term comes to an end. This is called 'contracting out'. This means that where the terms of the 1954 Act have been validly excluded, the tenant will need to negotiate a...

 

HTMLIs the Guarantee You Have Valid?
Withers Bergman LLP/Withers LLP;
Legal Alert/Article
August 2, 2014, previously published on July 29, 2014
An Authorised Guarantee Agreement (or AGA) is a guarantee by a tenant of its assignee’s performance of the tenant obligations in the lease.

 

HTMLThe Non-resident Landlords Scheme: Could you be liable?
Withers Bergman LLP/Withers LLP;
Legal Alert/Article
August 2, 2014, previously published on August 1, 2014
A non-resident landlord ('NRL') is a landlord who has UK rental income and whose 'usual place of abode' is outside the UK. This includes individuals, companies and other corporate entitles, and trustees. In the case of a partnership or a limited liability partnership, each partner or member is...

 

HTMLProtecting Yourself from Property Fraud
Withers Bergman LLP/Withers LLP;
Legal Alert/Article
August 2, 2014, previously published on July 29, 2014
Property Alert is a free property-monitoring service aimed at anyone who feels their registered property could be at risk from fraud. You can register up to three properties to be monitored and if an official search or application is received against one of the monitored properties, you will be...

 

HTMLThe Game Case (Pillor Denton Ltd & Others v Jervis & Others) - Victory for Landlords
Withers Bergman LLP/Withers LLP;
Legal Alert/Article
August 2, 2014, previously published on July 9, 2014
Game Station Limited ('GAME') was the tenant of hundreds of retail properties. Rent was generally payable in advance each quarter. GAME went into administration on 26 March 2012, the day after the quarterly rent, of approximately £10 million, was due. Some stores were closed immediately but many...

 

HTMLBaltimore County Real Property Owners - Now Is the Time to Assess Your Appeal Options For The “Rain Tax”
Pessin Katz Law P.A.;
Legal Alert/Article
August 1, 2014, previously published on July 29, 2014
In March of this year, the Baltimore County Council, as mandated by state law, enacted a bill allowing the County to collect a Stormwater Remediation Fee from all real property owners in Baltimore County. The fee, known as the “rain tax”, will be deposited in a Stormwater Management...

 

HTMLSupreme Court of Canada Dismisses Toronto Real Estate Board’s Leave to Appeal - Competition Tribunal Must Reconsider Commissioner’s Application
McCarthy Tetrault LLP;
Legal Alert/Article
August 1, 2014, previously published on July 30, 2014
Earlier this year, the Federal Court of Appeal (FCA) ruled that the Competition Tribunal (Tribunal) erred in dismissing the abuse of dominance case brought by the Commissioner of Competition (Commissioner) against the Toronto Real Estate Board (TREB). The FCA’s ruling hinged on its finding...

 


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