News & Analysis as of

Leases Contract Terms Property Owners

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

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

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

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

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

Williams Mullen

[Webinar] Real Estate Trends and Issues in Solar Leasing and Property Purchase - January 29th, 11:00 am ET

Williams Mullen on

Developing a successful solar project begins with selecting the right project site and identifying real estate issues and risks during diligence. Having well drafted real estate contracts and conducting detailed real estate...more

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