Real Estate
A BIG LOTS Chapter 11 Lesson: Caution Needed When Doing Business with Chapter 11 Debtors
Posted in Bankruptcy & Creditor's Rights, Business & Corporate, CRE Legal Lens Newsletter, Real Estate
Vendors, landlords, and other creditors often feel a sense of security when doing business with Chapter 11 debtors. The Bankruptcy Code, and even court orders entered at the outset of a bankruptcy case, seemingly provide a myriad of protections to those engaging in business with a company reorganizing under Chapter… Continue reading
4 Lease Auction Tips for Landlords
Posted in Bankruptcy & Creditor's Rights, Business & Commercial Law, CRE Legal Lens Newsletter, Real Estate
During a retail bankruptcy, commercial landlords often face challenges when their tenants try to maximize the value of the bankrupt estate by holding lease auctions. Despite lease provisions that may restrict or prohibit a lease sale, courts have generally allowed retail debtors to conduct such sales. This is because lease… Continue reading
Adverse Possession: Policing Your Property Boundaries – Owners Beware
Posted in Business & Commercial Law, Business & Corporate, CRE Legal Lens Newsletter, Real Estate, Retail & Industrial Real Estate
Retail, commercial, and industrial property owners need to be diligent about policing their property boundary lines to avoid losing valuable property rights to an encroaching neighbor. The doctrine of adverse possession opens the door for an encroaching neighbor to make a claim of ownership of a neighbor’s property under certain… Continue reading
Navigating Commercial Real Estate Litigation in Pennsylvania
Posted in Litigation, Pennsylvania Law Monitor, Real Estate
Commercial real estate transactions in Pennsylvania can be complex, involving a myriad of legal intricacies. When disputes arise, navigating the landscape of commercial real estate litigation becomes essential. In this blog post, we’ll explore key considerations for businesses and individuals involved in commercial real estate disputes in the Commonwealth of… Continue reading
The Significance of Title Insurance in Real Estate
Posted in Business & Commercial Law, Real Estate
If you have experienced the process of purchasing or selling real estate, it is likely that you have come across the phrase “clear title.” The concept of clear title is two-fold. Clear title deals with the property itself, referring to title that is free from liens, encroachments, or additional issues… Continue reading
“Render Unto Caesar What is Caesar’s, But No More” Money Grab by County Taxing Authority Held Unconstitutional
Posted in Condemnation & Eminent Domain, Real Estate
On May 25, 2023, the United States Supreme Court issued a unanimous decision in Tyler v. Hennepin County ruling in favor of a 94-year-old property owner from Minnesota who refused to accept the government’s alleged right to sell her home for unpaid real estate taxes and keep the excess proceeds… Continue reading
Philadelphia’s Commercial Activity License
Posted in Litigation, Real Estate
Companies that do business in the City of Philadelphia are required to obtain a Commercial Activity License from the City’s Department of Licenses and Inspections (L&I). While there are some exceptions, your company will likely need a license to own and operate a business in Philadelphia. If you or your… Continue reading
Evictions in Pennsylvania During the Pandemic
Posted in Business & Corporate, Real Estate
Evictions are currently prohibited in Pennsylvania through April 30, 2020. The Supreme Court of Pennsylvania’s April 1, 2020 Second Supplemental Order prohibits evictions, ejectments, or other displacements from a residence for non-payment of rent or taxes, or a mortgage foreclosure. Despite the ban, landlords are permitted to send termination notices… Continue reading
What If: My Tenant Won’t Vacate the Leased Premises?
Posted in Litigation, Real Estate
A tenant fails to pay rent or breaches another term of the lease agreement. The landlord terminates the lease. The tenant does not vacate the premises, and does not pay any additional rent. What can you, as a landlord, do to fix this problem? You can get the tenant out,… Continue reading
Installment Purchase Agreements for Real Estate
Posted in Real Estate
Traditionally, in Pennsylvania, an agreement of sale between seller and buyer “seals the deal” for the purchase of real estate. However, a prospective seller may also choose to have the buyer take possession of the property and “pay as he goes,” i.e. enter into an installment purchase agreement for the… Continue reading
