News & Analysis as of

Real Estate Development Title Insurance

Clark Hill PLC

Clark Hill 2025 Commercial Real Estate Outlook: Key Real Estate Considerations for Data Center Development

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A rapidly growing area in the real estate industry is the development and operation of data centers. This growth market comes with its challenges for real estate developers and investors, and of course, the attorneys...more

Womble Bond Dickinson

Mastering Real Estate Acquisition for Data Centers: Guidelines from Womble Bond Dickinson

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Womble Bond Dickinson Partners Kristen Thall Peters, Tara Gorman, and Jeff Golimowski, members of the Womble Data Center Team provide guidance for data center developers acquiring real estate....more

McGuireWoods LLP

Texas’ Adoption of ALTA Endorsements Gives Energy Projects Greater Title Coverage

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When it comes to title insurance, Texas is an anomalous state. Most states are “ALTA states” and use title insurance forms that the American Land Title Association — a trade association representing the title insurance...more

Baker Donelson

ALTA Considers New Energy Project Endorsement

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The American Land Title Association (ALTA) is considering approval of a new Energy Project Endorsement for owner's and loan policies at its spring session. The endorsement (proposed as the ALTA 36.9) Energy Project – Minerals...more

Kaufman & Canoles

Title Insurance Client Alert - Virginia Court of Appeals Affirms Injunction to Remove Objects from Granted Easement Area

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Yesterday, the Court of Appeals of Virginia issued a significant opinion in Thibault Enterprises, LLC v. David A. Yost, et al., Yost Living Trust, a case involving a dispute over a 50-foot granted easement for ingress and...more

Awatif Mohammad Shoqi Advocates & Legal...

Luxury Real Estate Market Boom in Dubai: Legal Considerations

Dubai's luxury real estate market has witnessed a remarkable boom, attracting investors and high-net-worth individuals from all corners of the world. This escalation in demand for high-end properties is emphasized by a...more

Dorsey & Whitney LLP

Arizona Supreme Court Decision Could Affect Lending Practices

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Construction lenders beware – a recent Arizona Supreme Court decision interpreting Exclusion 3(a) of standard-form title-insurance policies could mean lenders are not insured against a senior mechanics’ lien if the lender’s...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending October 8, 2021

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Real Property Update - Bert Harris Act: Certifying question whether the 2021 amendment to the Bert J. Harris Jr. Private Property Rights Protection Act clarifies the existing law so that plaintiff may maintain an action...more

Pillsbury - Gravel2Gavel Construction & Real...

New 2021 ALTA/NSPS Land Title Survey Standards Effective February 23, 2021

The “Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys” is a document jointly promulgated by the American Land Title Association (ALTA), representing the title insurance industry, and the National Society...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending June 5, 2020

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Real Property Update - Covenant Running With Land: Rejecting association’s argument on appeal that trial court erred in finding that recorded agreement was not a restrictive covenant running with the land but a personal...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending October 19, 2018

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Real Property Update - - Chapter 720 / Prevailing Party Fees: developer that successfully defended against association’s lawsuit for declaratory and injunctive relief was properly awarded prevailing party attorneys’ fees...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending November 3 & 10, 2017

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REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE TITLE INSURANCE UPDATE - Misrepresentation: developer entitled to directed verdict on claims of fraudulent and negligent misrepresentation asserted by condominium association...more

Holland & Knight LLP

West Coast Real Estate Update: March 2017

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Gov. Brown Opposes Measure S - In a statement published less than two weeks before Los Angeles' Consolidated Municipal and Special Elections to be held on March 7, 2017, California Gov. Jerry Brown came out in opposition...more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending September 23 & 30, 2016

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REAL PROPERTY UPDATE - Foreclosure/Hearsay/Business Records: trial court abused its discretion by excluding the mortgage records, which included records from a prior servicer, where plaintiff’s witness demonstrated...more

Cozen O'Connor

Virginia Holds Determination Whether Insurer Acted In Bad Faith Must Be Made By The Judge And Not The Jury

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This country’s courts are split on whether the decision to award attorney’s fees in bad faith litigation should be made by the judge or the jury. Earlier this fall, Virginia aligned itself firmly with the former in Revi, LLC...more

Troutman Pepper

Title Insurance: When Does a Construction Lender “Create” or “Suffer” a Mechanics Lien?

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BB Syndication Services, Inc. v. First American Title Ins. Co., 785 F.3d 825 (7th Cir. 2015) – A construction lender sued a title insurance company seeking defense and indemnification in connection with claims in a...more

Morris James LLP

Bank of Delmarva v. South Shore Ventures, LLC, Del. Super., C.A. No. S13C-05-008 THG (Oct. 21, 2014)

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The Superior Court granted the Bank of Delmarva’s (“Bank”) motion for summary judgment as to each of Defendant John E. O’Brien’s (“Defendant”) counterclaims. In 2005, Defendant along with South Shore Ventures, LLC (“Shore”)...more

Foley & Lardner LLP

7th Circuit Dusts off the Erie Crystal Ball on Title Insurance Defense

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Lawyers generally enjoy prognosticating future developments in the law. Under the Erie doctrine, federal judges have a legitimate need to engage in this pastime. Recently, in Philadelphia Indemnity Ins. Co. v. Chicago Title...more

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