News & Analysis as of

Leases

Tonkon Torp LLP

Legal Lessons from Portland’s Commercial Real Estate Uncertainty

Tonkon Torp LLP on

In today’s commercial real estate market, the only certainty is uncertainty. This is not a call for panic, but rather a call for balance. Now is not the time for bet-the-firm risks, nor is it a time for total retreat to the...more

Weintraub Tobin

CRE Alert: California Case Law Changes Requirements for Three-Day Notices

Weintraub Tobin on

The recent California appellate court decision Eshagian v. Cepeda has added a new requirement to the already detailed rules surrounding Three-Day Notices—documents landlords must serve before initiating eviction proceedings....more

Jackson Walker

Texas Supreme Court Clarifies Default Ownership of Produced Water in Oil & Gas Leases – Key Questions Remain

Jackson Walker on

On June 27, 2025, the Texas Supreme Court issued a pivotal decision in Cactus Water Services, LLC v. COG Operating, LLC, holding that under the language of the granting clause found in the standard oil and gas lease, produced...more

Otten Johnson Robinson Neff + Ragonetti PC

Ground Leases: A Commercial Real Estate Financing Alternative

In recent years, ground leases have gained popularity as an alternative for developers, offering more flexibility and leaner launch costs than traditional fee ownership of vacant land, pad sites, storefronts, or other...more

Hudson Cook, LLP

New Residential Property Management Laws: Leasing Compliance Shifts for Summer 2025

Hudson Cook, LLP on

With the summer wave of state legislative adjournments ending, residential property managers are confronting a new landscape of regulatory obligations. Several states and municipalities have enacted or finalized laws and...more

Law School Toolbox

Law School Toolbox Podcast Episode 512: Listen and Learn -- Landlord/Tenant Law (Part 2) - Assignments and Subletting

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Welcome back to the Law School Toolbox podcast! This is the second part of our discussion on landlord/tenant law. In this episode, we focus on the differences between lease assignment and subletting. In this episode we...more

K&L Gates LLP

Contaminated Land in Western Australia: A Timely Reminder That Leases Must Comprehensively Address Land Contamination

K&L Gates LLP on

A Protracted History - In April 2025, Justice Musikanth of the WA Supreme Court delivered his judgment in Henderson v Contaminated Sites Committee [2025] WASC 123 (Henderson)....more

Lowndes

Common Area Maintenance and Operating Expenses in Commercial Leases: What Should and Should Not Be Included?

Lowndes on

In commercial leases, "operating expenses" (often referred to as OPEX, CAM or Common Area Maintenance) generally cover the costs associated with the daily operation, maintenance, and repair of the property. In addition to...more

BCLP

Unpicking the Government’s Bill to Ban Upwards Only Rent Reviews

BCLP on

The Government (through Deputy PM Angela Rayner) introduced the English Devolution and Community Empowerment Bill into the Commons on 10 July. Amongst other matters the Bill seeks to reignite a Labour policy last seen at the...more

Baker Botts L.L.P.

Texas Adopts New Decommissioning Law for Battery Energy Storage Systems

Baker Botts L.L.P. on

Texas has enacted a new statutory framework governing the decommissioning of battery energy storage systems (BESS) not owned by an electric utility. On May 29, 2025, Governor Greg Abbott signed House Bill 3809 (H.B. 3809)...more

Pillsbury Winthrop Shaw Pittman LLP

VietJet v FW Aviation: Latest Developments

In the context of security assignments, the judgment again emphasises the distinction between day-one assigned rights, on the one hand, and other rights and remedies exercisable only following an enforcement event, on the...more

A&O Shearman

JOLCO-motion denied: aircraft finance termination payments not penalties

A&O Shearman on

The English High Court has found that termination payments under Japanese Operating Lease with Call Option (JOLCO) structures did not amount to unenforceable penalties....more

Frost Brown Todd

Reverse Build-to-Suit: Sale Leaseback Transaction with a Twist

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A reverse build-to-suit is a specialized real estate mechanism where the tenant develops and builds out the leased property to support the tenant’s use. This is a “reverse” of the common build-to-suit model, where a landlord...more

Mayer Brown

ANTAQ Publishes New Guidelines on Transfer of Corporate Control in Port Contracts

Mayer Brown on

The Brazilian National Agency for Waterway Transportation (ANTAQ) published Resolution No. 128/2025 (RN 128/2025), revising the procedures for the transfer of corporate control under port authority concession contracts, lease...more

Frost Brown Todd

Sale-Leaseback Due Diligence Considerations

Frost Brown Todd on

This is the fourth installment in our series on sale-leaseback transactions, a real estate financing mechanism growing in popularity. For a recap, check out part one on sale-leaseback fundamentals, part two on reverse...more

Houston Harbaugh, P.C.

Sixth Circuit Rules That Driller Must Establish Marketability of Each Gas Product Under Market Enhancement Clause

Houston Harbaugh, P.C. on

Let’s assume you own 105 acres in Greene County, Pennsylvania. In 2020, you signed an oil and gas lease with ABC Exploration. During the negotiations, you agreed that only those post-production costs which actually...more

McGinnis Lochridge

Production Disputes and Estoppel Claims Cloud Lease Termination in Milam County

McGinnis Lochridge on

In this lease termination case (Pruett v. River Land Holdings, LLC, No. 03-22-00478-CV, 2024 WL 1745652, at *1 [Tex. App.—Austin Apr. 24, 2024, no pet.]), the Austin Court of Appeals was tasked with examining a cessation of...more

Barnea Jaffa Lande & Co.

Significant tax benefits for owners of long-term rental buildings

Owners of buildings designated for long-term rentals are entitled to significant tax benefits that are being granted in order to encourage the construction of buildings that include residential apartments earmarked for...more

McGinnis Lochridge

Texas Supreme Court Rules on Modification of NPRIs

McGinnis Lochridge on

In this recent case, the Texas Supreme Court resolved whether ratification of a lease or signing of a stipulation agreement could transform a fixed non-participating royalty interest (NPRI) into a floating NPRI....more

Oliva Gibbs

The Kings in the North!—North Dakota Operators are Kings (for now) When it Comes to Statutory Interests on Suspended Overrides

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Do North Dakota operators have to pay suspense penalties on all types of late-paid interests? Not according to a recent line of decisions from the North Dakota Federal District Court. These cases interpret the North Dakota...more

Miles & Stockbridge P.C.

Breaking Down the Proposed Federal Real Estate Shakeup

While there have been previous efforts to reduce the federal government’s real estate footprint, the scope and speed with which the Trump administration proposes to reduce that footprint is unprecedented....more

Blake, Cassels & Graydon LLP

Court Issues Permanent Injunction Against Bitcoin Mining on Oil and Gas Lease

In Roy Flowers v. Persist Oil and Gas Inc., the Court of King’s Bench of Alberta issued a permanent injunction precluding the defendant from operating a Bitcoin mining operation, based on the failure of the underlying lease...more

Bennett Jones LLP

The Hotel Management Agreement: What, Why and How?

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With the global downturn in certain asset class valuations, hotels are experiencing something of a renaissance and have re-emerged as a preferred asset class. With challenges in all but the best in class and transit-oriented...more

Houston Harbaugh, P.C.

Ohio Appeals Court Rules that Horizontal Shale Well Was “On” the Leased Premises

Houston Harbaugh, P.C. on

Let’s assume you own a 175 acre farm in Washington County. Your grandfather acquired the farm back in 1948 from Farmer Brown (the “1948 Deed”). Your grandfather always said that he bought both the surface and oil and gas. In...more

International Lawyers Network

Buying and Selling Real Estate in Singapore (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SINGAPOREAN LAW - INTRODUCTION - There are two systems of land registration in Singapore: registration under the Registrations of Deeds Act, known as “unregistered land”, and...more

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