Recent News

There are many possible interests in real estate.  “Fee simple” is the most easily understood, which means ownership of the land itself.  Easements are the right to use land owned by someone else for specified purposes.  Generally, easements are perpetual and run with the land, meaning that they go on indefinitely and transfer to new… Read More

Many non-lawyers have heard the term “due diligence” in the context of real estate, but the term can feel confusing or legalistic.  Due diligence refers to the investigation, research, and analysis which buyers are expected to perform prior to closing on a transaction, to satisfy themselves that the asset they are purchasing will meet their… Read More

When you are served with a lawsuit, the law generally requires you to defend against the lawsuit.  Common psychological reactions to being served are panic and paralysis.  But just as a deer in the headlights can freeze up and seal its own fate of getting struck by a vehicle, defendants can be hit with a… Read More

I have often seen people make the mistake of assuming that one can easily determine the existence of an easement by simply searching the public records for a document called “easement.”  Owners, prospective owners, real estate brokers, and even attorneys are not immune from making that mistake.  This blog post will help you consider the… Read More

Sometimes a defendant in a lawsuit has insurance to cover some or all of the potential damages alleged.  Most of the time in those circumstances after the insurer agrees to defend on the insured’s behalf, the insurer hires counsel to represent the insured.  While this may provide some assurance to the insured, the insured can… Read More

Earlier this year, I wrote a blog post about assigning commercial leases generally.  Sometimes, contractual rights or obligations get transferred without an express assignment.  This can happen, for example, where a party to the contract gets acquired by someone else, or where the party’s ownership or control changes hands.  An entity tenant under a commercial… Read More

A possessor of real property can be liable for dangerous conditions on land which cause injury to people who enter the land.  However, the legal standard of care owed by the possessor is tied to the status of the visitor.  The law classifies visitors as either trespassers, licensees, or invitees.  As to trespassers and licensees,… Read More

Not all deeds are created equal.  For example, in the case of a quit claim deed, the grantor makes no warranty that they even own the property being conveyed.  Rather, the grantor merely transfers whatever the transferor actually owns.  But in the case of a statutory warranty deed, the grantor makes certain promises which give… Read More

Businesses’ needs are constantly evolving.  As a company’s size grows or shrinks through the natural business cycle, changes in the business model, mergers, spinoffs, retirements, and other factors, the company’s need for leased space also changes.  Changes are not always predictable far in advance.  As a result, your business might sign a long-term lease for… Read More