Recent Publications - Real Estate, Zoning & Land Use


The Title Reporter – Summer 2023
June 22, 2023 | Real Estate, Zoning & Land Use | Insurance Coverage

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

  • A trial court in New York has dismissed a negligence action against a title company brought by a developer, ruling that the only entity to which the title company owed a duty was the
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Courts Leave Landlords in the Lurch on Guaranty Law
May 11, 2023 | Real Estate, Zoning & Land Use

Recently, two important court decisions ruled that a New York City local law known as the Guaranty Law, which rendered unenforceable certain guaranties of commercial lease obligations, was unconstitutional. One month later, the New York Supreme Court declined to follow it.

Conflicting rulings, however, left the issue unsettled and landlords without clear guidance.

In 2020,

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Landlord Beware!
May 5, 2023 | Real Estate, Zoning & Land Use

The New Jersey Division on Civil Rights (DCR), which addresses and prevents housing discrimination in New Jersey, has increased its enforcement measures over the past 18 months. The increase in enforcement coincides with a rise in DCR complaints by both current and prospective tenants alleging violations of the New Jersey Law Against Discrimination (the LAD)

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The Title Reporter — Spring 2023
March 23, 2023 | Real Estate, Zoning & Land Use | Insurance Coverage

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

  • An appellate court in Arkansas, affirming a trial court’s decision, has ruled that a title insurer had properly denied coverage to an insured bank in connection with a defect in title of which the
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Investor Beware: 1031 Exchanges Come with Legal Pitfalls
March 1, 2023 | Real Estate, Zoning & Land Use

Capital gains taxes can take a chunk out of the proceeds from an investment property sale – sometimes upward of 30% when federal and state taxes are combined. A 1031 tax deferred exchange is one way to defer paying capital gains taxes on real estate investments, but it comes with requirements that, if not met,

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The War on A Decedent’s Real Property: The Uniform Partition of Heirs Property Act to the Rescue
February 24, 2023 | Real Estate, Zoning & Land Use | Trusts & Estates

Many individuals are considered “house rich, cash poor,” meaning that their biggest asset is their house. While some of these individuals have an estate plan in place, many do not and are unaware of the consequences. Without proper estate planning, heirs inheriting a house can find themselves in a precarious situation. Fortunately, a provision in

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NJ’s Rent Control Laws Are More Complicated Than You Think
February 2, 2023 | Real Estate, Zoning & Land Use

New Jersey presents a particular challenge for multifamily owners and managers. Unlike New York City, which has clearcut laws governing rent control, New Jersey has more than 100 municipalities, each with its own rent control ordinances. Multifamily purchasers and managers can unknowingly violate the ordinances unless they are aware of the requirements.

These municipal rent

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The Title Reporter — Winter 2023
January 5, 2023 | Real Estate, Zoning & Land Use | Insurance Coverage

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry

  • A federal district court in New York granted summary judgment in favor of a title insurance company and its affiliate in a case alleging that they breached their fiduciary duty and engaged in deceptive
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The Title Reporter — Fall 2022
October 11, 2022 | Real Estate, Zoning & Land Use | Insurance Coverage

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry

  • A federal district court in New York has rejected a lawsuit filed by insureds under a title insurance policy demanding indemnification for the ostensible diminution in their insured property’s value stemming from an
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Title Insurance Reporter Published in Real Estate Finance Journal
July 28, 2022 | Real Estate, Zoning & Land Use

Michael Heller’s, Peter McNamara’s and Matt Spero’s Spring issue of the Title Insurance Reporter was published in the Real Estate Finance Journal.

The authors discuss recent court decisions of note involving title insurance.

Read the full column here.

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