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HTMLPlanned Restrictions to Foreign Acquisition of Agricultural Real Estate after 1st May 2016
BSJP Brockhuis Jurczak Prusak Sp.k.;
Legal Alert/Article
August 20, 2014
Pursuant to the provisions of the currently in effect act on foreign acquisition of real estate in Poland (uniform text of 19.07.2004, Journal of Laws No. 167, item 1758), following the lapse of twelve years from succession of the Republic of Poland to the European Union, foreigners that are...

 

HTMLWhen is a Contracted Out Lease Not 'Contracted Out'?
Withers Bergman LLP;
Legal Alert/Article
August 20, 2014, previously published on August 13, 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...

 

HTMLRent under Agreements for Lease of Real Properties Encumbered By a Mortgage - The Status Thereof in Bankruptcy Proceedings
BSJP Brockhuis Jurczak Prusak Sp.k.;
Legal Alert/Article
August 20, 2014
Due to the unambiguous tenor of Art. 88 sec. 1 of the act on land and mortgage register and mortgage, there is no doubt that - in the event that debt enforcement proceedings are instigated - it is not only the price obtained from sale of a real property, but also any potential income achieved under...

 

Adobe PDFQ&A: Landlord Options for Defaulting Commercial Tenancies
Houser Henry Syron LLP;
Legal Alert/Article
August 19, 2014
One of the more challenging aspects of being a landlord is dealing with a tenant in default. When a tenant misses a rent payment, they not only violate the lease agreement but place a substantial burden on the landlord. In these circumstances, what options does a landlord have?

 

HTMLCommercial Insurance Issues
Richard W. Smith; Bernstein Shur;
Legal Alert/Article
August 18, 2014, previously published on August 11, 2014
Whether you’re a landlord or a tenant, insurance options for commercial real estate can be daunting. Knowing what to ask your insurance broker can save the day. This sampler of issues will help you and your broker manage risk in ways that complement the obligations in your lease.

 

HTMLConsequences of the Louisiana Public Records Doctrine Exception
Wm. Blake Bennett, James L. Breaux; Liskow & Lewis A Professional Law Corporation;
Legal Alert/Article
August 18, 2014, previously published on August 11, 2014
A recent Louisiana Fifth Circuit Court of Appeal decision has brought to our attention a long-established, but perhaps not as well known, exception to the public records doctrine.

 

HTMLProposed Amendments to Alberta’s Condominium Property Act
Brittany Weikum; McCarthy Tetrault LLP;
Legal Alert/Article
August 18, 2014, previously published on August 5, 2014
On May 6, 2014 amendments to Alberta’s Condominium Property Act were introduced into the Alberta Legislature. The Act establishes the framework for the development, sale, and governance of both residential and commercial condominiums located in Alberta and outlines the duties and...

 

HTMLGreen Building Code Changes in Baltimore City
Margaret M. Witherup; Gordon Feinblatt LLC;
Legal Alert/Article
August 18, 2014, previously published on August 11, 2014
A bill now under consideration by the Baltimore City Council could make it more difficult to make modifications of many existing non-residential and multifamily buildings and to obtain exceptions based on cost, feasibility, or historic nature of the building.

 

HTMLDisclosure re: Deposit Protection Contract Requires Careful Drafting
Lisa Martz; McCarthy Tétrault LLP;
Legal Alert/Article
August 18, 2014, previously published on August 11, 2014
In Chaisson v. Avra Developments Corp. 2014 BCSC 925, the B.C. Supreme Court considered the argument that a developer’s failure to disclose a specific calendar date for the effective date of a deposit protection contract was a breach of the Real Estate Development Marketing Act...

 

HTMLVAT and the Standard Conditions of Sale
Dentons Canada LLP;
Legal Alert/Article
August 14, 2014, previously published on August 11, 2014
The Court of Appeal dismissed a seller's appeal that VAT on the purchase price of a commercial property was payable by the buyer despite the inclusion of wording to this effect in the Standard Conditions. On the specific facts, there was evidence to suggest that, contrary to the express wording of...

 


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