News & Analysis as of

Property Ownership

Polsinelli

Texas Tightens Real Property Ownership Rules for Foreign Nationals with SB 17

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Key Takeaways - Texas passed SB 17, which prohibits certain foreign nationals, including foreign governments, foreign-owned businesses and individuals from certain countries from purchasing or acquiring real property in...more

White & Case LLP

Saudi Arabia Approves Landmark Real Estate Ownership Law for Non-Saudis

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Saudi Arabia has approved a landmark new law regulating real estate ownership by non-Saudis, published on July 25, 2025 in the official gazette. This Law of Real Estate Ownership by Non-Saudis will take effect 180 days after...more

King & Spalding

Saudi Arabia Introduces New Legal Framework for Foreign Ownership of Real Estate

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On 14 July 2025, the Council of Ministers of the Kingdom of Saudi Arabia issued Council of Ministers Resolution No. (M/14) approving the issuance of the Law on Real Estate Ownership by Non-Saudis (the “New Law”), which...more

Gray Reed

A Lesson on How Not to Recover an NPRI in Texas

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It seems to be fairly well settled that you can’t use trespass-to-try-title to recover a nonpossessory royalty interest in Texas. What if you call the interest a “mineral interest stripped of every attribute except the right...more

BCLP

Real Estate Ownership by Non-Saudis - Law Now Published

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Following our earlier note on 8 July, Saudi Arabia has now published the Law on Real Estate Ownership by Non-Saudis (the New Law). It will come into force in January 2026 and will repeal the earlier Law on Real Estate...more

Kerr Russell

Five Things to Know About the Owner’s Affidavit in Real Estate Transactions

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In real estate transactions, one of the most important documents a seller will execute is the “Owner’s Affidavit” (also sometimes called a “Seller’s Affidavit” or “Affidavit of Title”). Often, purchase agreements require the...more

Bennett Jones LLP

Lines in the Sand: A Case of Adverse Possession from Cottage Country

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Once again, cottage season is upon us—and like the return of the season, the Ontario Superior Court of Justice (Court) has returned to the well-settled law of adverse possession, which continues to surface in modern property...more

Jones Day

Bring Me Sunshine … but London Rights of Light Injunction Is Refused

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The owner of a property which enjoys a right of light over surrounding properties can seek to restrain development of the surrounding properties which would infringe that right. This can include seeking an injunction to...more

Morgan Lewis

US Federal Government Expands CFIUS, Texas Joins States Limiting Foreign Control of Real Property

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Texas joins the patchwork of states enacting legislation restricting foreign investment in real property with the enactment of the 2025 Texas Senate Bill No. 17, highlighting the growing state interest in national security....more

Warner Norcross + Judd

Clearing the Past, Protecting the Future: A Strategic Guide to Michigan’s MRTA

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For family offices and high-net-worth individuals with longstanding real estate holdings in Michigan, recent developments under the Michigan Marketable Record Title Act (MRTA) merit close attention. Originally designed to...more

Smith Anderson

Court of Appeals Decision Adds to Evolving Marketable Title Act Framework

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In a recent unpublished decision, the North Carolina Court of Appeals provided further insight into how restrictive covenants interact with the state’s Marketable Title Act....more

BCLP

Saudi Cabinet Approves New Law Expanding Foreign Ownership Rights in Real Estate

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On 8 July 2025, the Saudi Cabinet approved a new real estate law (the “New Law”) that will significantly expand the ability of foreign individuals and entities to own property in the Kingdom....more

Walkers

Helping Guernsey holding companies navigate the HM Land Registry

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If you're selling UK property owned by a Guernsey company, HM Land Registry will likely require a legal opinion, commonly known as a TR1 legal opinion, from Guernsey lawyers before registering the conveyance. This briefing...more

Gray Reed

It’s Been Decided, In Texas the Mineral Lessee, Not the Surface Owner, Owns Produced Water

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In Cactus Water v. COG Operating, the Supreme Court affirmed that mineral lessee COG, not water rights owner Cactus (who derived it rights from the surface owner), has the right to possession, custody, control, and...more

Mayer Brown

The Curious Case of the Disappearing Freehold: Lulham v Crown Estate Commissioners [2025]

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What happens when the freeholder not just disappears, but the very freehold itself ceases to exist? We know from case law that when a freehold escheats, the derivative interests such as mortgages and leases survive, however a...more

Fleurinord Law PLLC

Diddy’s Miami Star Island Mansion and Florida Homestead Law: Does the Mortgage Pay-Off Shield Him After the Verdict?

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When Sean “Diddy” Combs paid off the $18.8 million mortgage on his lavish Star Island mansion in Miami, Florida, it wasn’t just a headline-grabbing move. The decision came at a time when Diddy faced mounting civil lawsuits...more

Mayer Brown

The Curious Case of the disappearing Freehold: Lulham v Crown Estate Commissioners [2025]

Mayer Brown on

What happens when the freeholder not just disappears, but the very freehold itself ceases to exist? We know from case law that when a freehold escheats, the derivative interests such as mortgages and leases survive, however a...more

Bracewell LLP

Texas Supreme Court Affirms Mineral Estate Ownership of Produced Water in Landmark Ruling

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In a significant decision for Texas property and energy law, the Texas Supreme Court has affirmed the Eighth Court of Appeals’ ruling in Cactus Water Services, LLC v. COG Operating, LLC, holding that produced water — a...more

Patton Sullivan Brodehl LLP

Disputed Real Property Inheritance Must Be Resolved Before Partition Action

The California Court of Appeal recently reaffirmed that a party’s ownership interest in real property must be clearly established before the party can have standing to bring an action for partition of the property. ...more

Winstead PC

Texas Legislature Takes New Steps to Limit Foreign Ownership of Real Property

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Senate Bill No. 17 becomes law on September 1, 2025. On June 20, 2025, Governor Abbott signed Senate Bill No. 17 to prohibit the purchase or acquisition of interests in real property by individuals domiciled in and...more

BCLP

Briefcase 2025 Quarter 2: Key Real Estate Cases and Updates

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Case 1: Brown v Ridley and Another - The Supreme Court has clarified that a reasonable belief of ownership for any 10 year period is sufficient to claim adverse possession....more

Jackson Walker

Pore Some More: Current Legal Considerations of Pore Space Ownership in Texas

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Texas has been the leader in American energy independence for more than a century. Decades of industry innovation have provided Texas real property owners with new ways to extract value from minerals, water, and more...more

Bennett Jones LLP

Ross v. Luypaert: Separating Shared Property Interests Through the Partition Act (Ontario)

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The Court of Appeal for Ontario recently reaffirmed in Ross v. Luypaert 2025 ONCA 236 that a co-owner of a jointly owned property located in Ontario may bring an application for a partition or sale under Section 3 of the...more

Vinson & Elkins LLP

Texas Supreme Court Clarifies Ownership of Salt Caverns

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On May 16, 2025, the Texas Supreme Court issued a decision ruling that, absent specific contractual language, surface owners retain ownership of the caverns created by salt mining operations. The issue of ownership of salt...more

Smith Debnam Narron Drake Saintsing & Myers,...

Buying? Not Married? Have You Considered Your Options for Real Estate Ownership and What Happens if You Break Up?

Purchasing a home is a significant financial investment, introducing unique legal considerations for unmarried couples. According to the National Association of Realtors’ 2024 Profile of Home Buyers and Sellers, unmarried...more

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