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HTMLLaw Commission Report on Rights to Light
Bryan Johnston; Dentons Canada LLP;
Legal Alert/Article
January 9, 2015, previously published on December 5, 2014
The Law Commission (the Commission) has published its much anticipated report following its 2013 consultation on rights to light. The report is considered and detailed and makes a number of key recommendations that will impact on this fundamental issue of law for developers, adjoining owners,...


HTMLApportioning the Magic and Sparkle - Supreme Court to Consider M&S Break Clause Rent Apportionment Case
Anas A. Akel, Amgad T. Husein, Barbara B. Johnston; Dentons Canada LLP;
Legal Alert/Article
January 9, 2015, previously published on November 24. 2014
M&S's Christmas campaign focuses on two good fairies doing good deeds. Clearly the M&S fairies have been working their magic on the Supreme Court as the Court has confirmed that it will hear an appeal of the Court of Appeal decision in Marks and Spencer plc v. BNP Paribas Securities Services Trust...


Adobe PDFLegality of Upfront Tenant Fees
John M. Lerner, Jonathan M. Sachs; Adler Pollock & Sheehan P.C.;
Legal Alert/Article
January 8, 2015, previously published on November 3, 2014
A recent Massachusetts federal district court case has placed a significant limitation on the type of upfront fees that landlords may charge tenants. On August 26, 2014, Judge Rya Zobel ruled that Equity Residential, a Chicago-based real estate investment trust, violated the Massachusetts Security...


HTMLNew Jersey Enacts One Year Extension of Permit Extension Act
Meryl A.G. Gonchar; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
January 7, 2015, previously published on January 2015
A one year extension of the Permit Extension Act (N.J.S.A. 40:55D-136.1 et seq.) was signed into law by Governor Christie on December 26, 2014 (P.L. 2014, c. 84). The legislation (S2551/A3815) was reported out of the State Assembly and Senate Committees after being amended to reduce the proposed...


HTMLNew Arizona Anti-Deficiency Laws Clarify Intent to Utilize
Lawrence E. Wilk; Jaburg Wilk;
Legal Alert/Article
January 6, 2015, previously published on December 19, 2014
Arizona anti-deficiency laws were recently amended by the Arizona legislature and will become effective January 1, 2015. Previously, the two laws, A.R.S. § 33-729 and A.R.S. § 33-814, generally provided that a loan secured by a parcel of property of 2˝ acres or less, which is utilized as...


HTMLSpouse-Guarantor Rule: A Split Between Federal Circuit Courts
Heather Sue Nason, Jonathan R. Sacks; Rogers Towers, P.A.;
Legal Alert/Article
December 29, 2014, previously published on October 28, 2014
When a closely-held entity applies for a loan, the financial institution usually requires the entity’s owner(s) to guaranty the loan. If the owner is married, the financial institution may also require the owner(s) spouse(s) to guaranty to improve the likelihood that loan will be repaid if...


HTMLCondominium Associations’ Rights are Expanded Against Developers
James S. Singer; Rudolph Friedmann LLP;
Legal Alert/Article
December 26, 2014, previously published on November 20, 2014
In a case of first impression, the Massachusetts Supreme Judicial Court expanded the rights of condominium associations to recover for damage for the negligent construction of common areas of a condominium development. The case is Wyman et al. v. Ayer Properties, LLC.


HTMLSunrise Senior Living Targets Short-Term Stays
Lowndes Drosdick Doster Kantor Reed Professional Association;
Legal Alert/Article
December 26, 2014, previously published on October 20, 2014
An interesting article recently appeared in Senior Housing News regarding Sunrise Senior Living’s foray into providing short term post-hospital and post-rehab care in its assisted living facilities:...


HTMLSome Interesting Statistics Out of NIC on Resident Needs for Assistance
Lowndes Drosdick Doster Kantor Reed Professional Association;
Legal Alert/Article
December 26, 2014, previously published on October 9, 2014
While attending the NIC Conference in Chicago last week, we had the chance to hear a number of really interesting panels covering a wide swath of issues in the Senior Housing industry. The breakout session entitled “Evolution of Consumer Choice in Seniors Housing; Opportunities and...


HTMLReal Estate Tip: Risky Risk Allocation
Richard W. Smith; Bernstein Shur;
Legal Alert/Article
December 19, 2014, previously published on November 13, 2014
Landlords and tenants spend a good deal of time deciding how to share risk, how to insure against it, and whether or not to provide indemnities with respect to it. When the leased premises is a place of public accommodation, one risk is whether the physical aspects of the location are in compliance...


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