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Results: 1-10 of 294

Minnesota Supreme Court gets it REIT: rejects 'economic substance' challenge
  • Reed Smith LLP
  • USA
  • May 21 2010

In a landmark decision issued yesterday, the Minnesota Supreme Court struck a blow for taxpayers by reversing a Minnesota Tax Court decision that had allowed the Minnesota Department of Revenue to disregard a taxpayer's captive-REIT structure on the basis that the transactions creating the structure lacked economic substance


Bona fide purchasers protected from trustee action
  • Reed Smith LLP
  • USA
  • April 27 2009

The U.S. Court of Appeals for the Ninth Circuit has held that a bankruptcy trustee could not avoid an unauthorized sale of real estate to a bona fide purchaser although the proceeds of the sale did belong to the estate


Defects during the project life cycle: FIDIC and UAE law
  • Reed Smith LLP
  • United Arab Emirates
  • May 19 2016

Defects affect construction projects throughout their life-cycle - from design to construction to use. UAE law and the FIDIC Red Book, the most


Financing contingencies and earnest money deposits: if I can't get my loan, I get my deposit back, right?
  • Reed Smith LLP
  • USA
  • February 22 2012

Real estate purchasers whose contract permits the return of the earnest money deposit if financing cannot be obtained must be extremely careful in how this contingency is worded in the purchase contract, or a purchaser may get an unwelcome surprise, and be forced to forfeit the earnest money when financing cannot be obtained


Partitions and Vacant Possession
  • Reed Smith LLP
  • United Kingdom
  • August 5 2016

We are often asked by landlords whether tenants need to completely strip out premises including partitioning when they are required to deliver up


Renewal lease changing terms
  • Reed Smith LLP
  • United Kingdom
  • December 17 2012

Most landlords are reasonably familiar with the rules set out in O’May v City of London Real Property Co Limited


Ninth Circuit joins Eleventh, holds there is federal common law of receivership
  • Reed Smith LLP
  • USA
  • October 15 2009

The U.S. Court of Appeals for the Ninth Circuit has held that there is a federal common law of receivership in the context of real property security interest, joining the Eleventh Circuit


Secured lender took sufficient affirmative action to effect the assignment of rents
  • Reed Smith LLP
  • USA
  • December 19 2011

The debtor executed a mortgage and assignment of rents in favor of the lender


Secured creditors need not file a proof of claim to lift the automatic stay to proceed with a foreclosure action
  • Reed Smith LLP
  • USA
  • December 19 2011

An individual debtor appealed the Bankruptcy Court’s orders lifting the automatic stay to permit two creditors to proceed with foreclosure proceedings on real property


A road to nowhere? Future of the Private Road Act still in limbo following Commonwealth Court decision
  • Reed Smith LLP
  • USA
  • June 3 2011

The Private Road Act, found at 53 P.S. 2731-2891, permits the owner of a landlocked parcel of real estate to petition the local Court of Common Pleas for the appointment of a board of viewers to determine whether that parcel is indeed landlocked and, if so, establish a right-of-way through the private land of neighboring landowners which inflicts the least burden on those landowners