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Statutory Interpretation Real Estate Transactions

Troutman Amin LLP

BUY AWAY?: Another Court Holds Offers to Buy Real Estate Are Not “Telephone Solicitations” Under the TCPA’s DNC Provisions

Troutman Amin LLP on

Another day, another data point. In Aussieker v. Aghazadeh, 2025 WL 2021040 (E.D. Cal. July 18, 2025) the Court followed the recent decision in Coffey and concluded offers to buy property simply do not trigger the TCPA’s DNC...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In a recent unpublished decision, the North Carolina Court of Appeals provided further insight into how restrictive covenants interact with the state’s Marketable Title Act....more

McGinnis Lochridge

26-Step Mechanical Framework For Interpreting Deeds? Texas courts reject "mechanical" deed interpretation while creating a 28-step...

McGinnis Lochridge on

The El Paso Court of Appeals recently published an opinion that provides what might be characterized as 26-step step system for analyzing a deed that (perhaps inadvertently) highlights a growing irony in Texas jurisprudence....more

Morgan Lewis

Los Angeles ‘Mansion Tax’ Update Regarding Office of Finance Assessments

Morgan Lewis on

Taxpayer disputes involving Los Angeles’s Measure ULA, the Homelessness and Housing Solutions Tax—commonly referred to as the “mansion tax”—are progressing through the city’s administrative review process. Property owners...more

Perkins Coie

Pre-1972 Conveyance of Multiple Lots Did Not Create Separate Legal Parcels Under Map Act

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Under the Subdivision Map Act, the creation of legal parcels prior to 1972 requires more than a deed referencing multiple lots—only a conveyance that separates a portion of land from contiguous property creates a new legal...more

Cadwalader, Wickersham & Taft LLP

Asset Disposals in the "Real World"

The recent case of A Sajedi and others v HMRC [2025] UKFTT 297 (TC) in the UK First-tier Tribunal (“FTT”) is an interesting example of a UK taxation tribunal intervening to decide a litigated matter on grounds that neither...more

Vorys, Sater, Seymour and Pease LLP

Supreme Court of Ohio Dismisses Appeal Seeking to End Senterra’s “Rolling Analysis”

In Senterra Ltd. v. Winland, 2019-Ohio-4387, Ohio’s Seventh District Court of Appeals held that an examiner, after identifying the root of title and finding that an exception to marketable record title applies, should review...more

Houston Harbaugh, P.C.

Drawing the Line Somewhere

Houston Harbaugh, P.C. on

What Happens When a Parcel is Split Zoned?- Municipal zoning maps frequently include the entirety of a lot or a tax parcel within a given zoning district. But, sometimes zoning maps do not do this. Sometimes, zoning maps...more

Partridge Snow & Hahn LLP

What We’re Watching: Peebles, et al. v. JRK Property Holdings, Inc.

What We’re Watching:  Peebles, et al. v. JRK Property Holdings, Inc. Massachusetts SJC hears arguments on what is “Reasonable Wear and Tear” under the Security Deposit Statute - On April 7, 2025, the Supreme Judicial Court...more

Blake, Cassels & Graydon LLP

La Cour d’appel de la Colombie-Britannique confirme la cotisation de la taxe imposée aux acheteurs étrangers

La décision récente rendue dans l’affaire 1164708 B.C. Ltd. v. British Columbia (l’« affaire 1164708 B.C. Ltd. ») traite de l’applicabilité de la taxe supplémentaire sur les transferts de biens (property transfer tax) (la «...more

Blake, Cassels & Graydon LLP

B.C. Court of Appeal Upholds Assessment of Foreign Buyer Tax

The recent decision in 1164708 B.C. Ltd. v. British Columbia (1164708 B.C. Ltd.) addressed the applicability of the additional property transfer tax (ATT), commonly known as the “foreign buyer tax,” under British Columbia’s...more

David Shirk - Shirk Law

Why Ginnie Mae Issuers are Challenging VA Seasoning Buyout Demands and Why Lenders Care

David Shirk - Shirk Law on

Issuers should be aware that Ginnie Mae interpreting its MBS guide in a manner that departs from VA circular 26-19-22, and the plain reading of statutory language with respect to the beginning and ending dates used to...more

Ballard Spahr LLP

Treasury Releases Final Regulations On Qualified Opportunity Zone Program

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The U.S. Department of Treasury published Final Regulations for the Qualified Opportunity Zone (QOZ) program on January 13, 2020, which answer many, but not all, of the questions arising from the Proposed Regulations released...more

Perkins Coie

Award of Attorney’s Fees Warranted Where Plaintiff Lost on Most Claims But Achieved Primary Litigation Objective

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A plaintiff challenging a city council’s interpretation of a local ballot measure was entitled to recover costs and attorney fees when successful on only one cause of action because the primary relief sought was granted....more

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