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Leases Contract Terms

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

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

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

Oliva Gibbs

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

Oliva Gibbs on

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?

Bennett Jones LLP on

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

Holland & Knight LLP

Potential Implications of President Trump's Wind Energy EO on Offshore Leasing, Development

Holland & Knight LLP on

This Holland & Knight alert provides a summary of President Donald Trump's Wind Energy EO, an overview of the offshore wind leasing process and considerations for current lessees regarding potential outcomes and legal...more

King & Spalding

Schluss mit dem Schriftformmangel!

King & Spalding on

Wer in der deutschen Immobilienwirtschaft Transaktionen begleitet hat, dem ist das Schreckenswort „Schriftformmangel“ vertraut. Kein Due Diligence-Bericht zu den Mietverträgen eines Objekts, der dieses Thema nicht...more

K&L Gates LLP

Who Knew? Some Leases Will Automatically Be ‘Destroyed' Simply Because the Land Being Leased Is Sold. If Potential Lease...

K&L Gates LLP on

We continue to be asked to explain how it is even possible that some leases can be ‘destroyed’ simply because the land being leased is sold. So, it is timely we revisit and explain this lease ‘destruction’ risk and how you...more

Dickinson Wright

Commercial Lease Modifications: Why Oral Agreements Don’t Hold Up in Court

Dickinson Wright on

Most people likely understand the risks of trying to rely on an oral agreement to vary the terms of a commercial lease. Nonetheless, parties often get into disputes over whether there was an oral agreement that varied the...more

DarrowEverett LLP

Mastering the Art of Lease Negotiation: Crafting Win-Win Agreements

DarrowEverett LLP on

Clients often request that their counsel focus lease negotiations exclusively on those terms most likely to have the most significant impact on economics and the long-term relationship with the counterparty. This request...more

Mintz

Arbitration Clauses and Class Action Waivers in Residential Leases: Are They Enforceable?

Mintz on

Landlords and property managers are increasingly adding arbitration clauses with class action waivers to their residential leases. These lease provisions can protect landlords from the significant time and costs associated...more

Kohrman Jackson & Krantz LLP

Significance of Comma Placement, Word Selection, and Grammar Rules in the Legal World

It is time to thank our high school English teachers. They were right when they said, “watch your language,” and that grammar counts in the “real world.” In the real world of real estate leases, easements and other...more

Stoel Rives -  Ahead of Schedule

Contract Drafting Tips for Rooftop Solar and Carport Solar Leases

Adding solar energy facilities to a rooftop or a parking lot is an excellent way to put developed land to even more productive use. Hosting a solar array can create value for a property via a new revenue stream from rent...more

Cranfill Sumner LLP

So, You Bought A Plane, Now What?

Cranfill Sumner LLP on

For many of our clients, aircraft ownership is not only practical (having one aircraft on which to train for a pilot certificate can increase efficiencies, for example), but it can also be a business advantage. However,...more

Womble Bond Dickinson

The Race to Renew: North Carolina Addresses Recording Requirements for Binding Lease Renewal Options

Womble Bond Dickinson on

A recent North Carolina Court of Appeals decisions underscores the importance of properly recording lease terms and renewal options. North Carolina’s Connor Act (codified as N.C. Gen. Stat. § 47-18) provides that North...more

Tonkon Torp LLP

Pinning Down the Lease Commencement Date

Tonkon Torp LLP on

If you’re venturing into the world of commercial real estate, whether as a tenant or a landlord, there’s a plethora of terms you’ll come across. Among these is the seemingly simple idea of the “Lease Commencement Date.” While...more

Smith Anderson

Winning the Race to Record: Protecting Rights in Real Estate

Smith Anderson on

The North Carolina Court of Appeals this week addressed an important issue involving leases, options to renew, and the North Carolina recordation statutes known as the “Connor Act.” The decision affects anyone who buys or...more

Brownstein Hyatt Farber Schreck

Colorado Bill Adds New Rental Agreement Prohibitions Effective Aug. 7

A bill adding to the list of prohibited provisions in rental agreements recently became law in Colorado. Although the state already had rules in place for what can appear in rental agreements, HB 23-1095 adds prohibitions...more

Conn Kavanaugh

Here Comes the Sun: Common Considerations for Solar Installation Agreements

Conn Kavanaugh on

In recent years, environmental concerns, skyrocketing electricity costs, and tax incentives have led to a boom in both residential and commercial use of solar panels. Stated differently, the masses have flocked to solar not...more

Hogan Lovells

Can a term be implied into a UK lease so that it makes business sense?

Hogan Lovells on

In the recent case of Rail for London v The Mayor and Burgesses of the London Borough of Hackney, the UK High Court considered what happens when the express terms of a lease do not reflect the wider business context....more

Amundsen Davis LLC

Contractual Considerations for Short-Term Rentals

Amundsen Davis LLC on

Property owners (“Owners”) interested in engaging in short-term leases should carefully consider the structure of their contracts (“Leases”). Anticipating potential disputes and consequences is essential for avoiding future...more

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