News & Analysis as of

Property Ownership

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

Gray Reed

What’s the Difference Between a Mineral Reservation and an Exception?

Gray Reed on

The category is “terms that confuse us” for one hundred dollars. Without resorting to your favorite legal dictionary or lawyer, explain the difference between a reservation and an exception in a Texas warranty deed. Stumped?...more

Dickinson Wright

The Partition Act: A Powerful Tool for Resolving Jointly Owned Property Disputes

Dickinson Wright on

In the recently released decision of Ross v. Luypaert, 2025 ONCA 236, the Ontario Court of Appeal reaffirmed that a co-owner of real estate can compel the sale of jointly owned property under the Partition Act. The only...more

Tucker Arensberg, P.C.

A House Divided:  Yes, you can partition a house (or even a condominium) under Pennsylvania Law

Tucker Arensberg, P.C. on

Most people understand that a partition lawsuit under Pennsylvania law can be used to force the division or sale of a vacant parcel of land owned jointly by two or more persons, or even a parcel of land with a house, cabin,...more

Hogan Lovells

The Law of Property Act 1925 turns 100 today. Happy Birthday!

Hogan Lovells on

The country is celebrating a big anniversary today, 9th April 2025. 100 years ago today, the Law of Property Act 1925 (the “LPA”) received Royal Assent. The LPA brought overdue coherence, eased property transactions for the...more

Mayer Brown

Commonhold – Is It Really Around the Corner?

Mayer Brown on

BACKGROUND - The advent of commonhold has been much trumpeted. The government has just published a new white paper, The proposed new commonhold model for homeownership in England and Wales....more

Kaufman & Canoles

Court of Appeals of Virginia Enforces “Ryder” Easement

Kaufman & Canoles on

On Monday, the Court of Appeals of Virginia issued a significant decision about private road easements often referred to as “Ryder” easements. In Becker Building Company, LLC, et al. v. Scott W. Keller, et al., the Court...more

International Lawyers Network

Buying and Selling Real Estate in Ukraine (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER UKRAINIAN LAW - І. Types and specifics of real estate in Ukraine - The main types of real estate in Ukraine are the following: • plots of land; • other objects that...more

International Lawyers Network

Buying and Selling Real Estate in England and Wales (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER BRITISH LAW - 1. Introduction - Historically, there has been significant investment by overseas individuals and corporations in real estate in England and Wales and in...more

Gray Reed

Texas Mineral Buyer’s Due Diligence Falls Short

Gray Reed on

Patch LLC et al v. Indio Minerals LLC et al  was a dispute over title to a 1/8th NPRI in land in Midland County. Viola Ash, an Illinois resident, executed a warranty deed in 1932 for land in Midland County, reserving a 1/8...more

International Lawyers Network

Buying and Selling Real Estate in Slovakia (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SLOVAKIAN LAW - I. Types of Real Property Conveyance Transactions - a) Purchase of an undeveloped plot of land b) Purchase of a developed plot of land c) Purchase...more

BCLP

Commonhold 2.0: Commercial Takeaways from the Government’s White Paper

BCLP on

The UK Government’s Commonhold White Paper, published on 3 March 2025, commits to making commonhold the default tenure for flats in England and Wales. ...more

Kaufman & Canoles

Title Insurance Client Alert - Va. Ct. of Appeals Holds Grant of “Right of Way” Conveys Fee Simple, Not Easement

Kaufman & Canoles on

Yesterday, the Court of Appeals of Virginia held that when a deed conveys “all that certain tract or parcel of land, consisting of a . . . right of way,” that right of way is conveyed in fee simple, not as an easement. In...more

Offit Kurman

Safeguarding Your Israeli Apartment with Proper Estate Planning

Offit Kurman on

For many families, owning an apartment in Israel – whether as a second home or a cherished holiday retreat – is a lifelong dream. The journey from selecting the right property, navigating the purchase process, and turning a...more

International Lawyers Network

Buying and Selling Real Estate in Scotland (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SCOTTISH LAW - 1. Introduction - This guide applies to real estate in Scotland only. 2. Tenure - Real estate, both commercial and residential in Scotland may be...more

International Lawyers Network

Buying and Selling Real Estate in Romania (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER ROMANIAN LAW - I. Types of Real Property Transactions - A. Purchase of an undeveloped plot of land (agricultural); B. Purchase of brownfield renewable power...more

Gray Reed

Texas Supreme Court Will Review Produced Water Case

Gray Reed on

Who owns produced water in Texas?  And what is produced water anyway – oil and gas waste and part of the mineral estate, or groundwater and part of the surface estate?  We may be closer to an answer to these questions now...more

K&L Gates LLP

We Need to Keep a Real Estate Purchase in Australia Confidential. Can This Be Done?

K&L Gates LLP on

Ours is an age of identity fraud, data breaches, public registers, and political and media interest in the ownership of Australian real estate.  Take a moment to consider the real estate-related data that can be readily...more

Awatif Mohammad Shoqi Advocates & Legal...

Registration Of Wills By Expats

With certain Emirates in the UAE allowing property ownership for expats in the region, an increasing number of individuals are now buying properties and investing in other assets in the UAE. Consequently, it has become...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court Reaffirms the Dunham Rule

Houston Harbaugh, P.C. on

Let’s assume you inherited a 150 acre farm in Lycoming County that has been owned by your family since 1909. In 2020, you are approached by ABC Drilling about a new oil and gas lease for the farm. You retain counsel and...more

International Lawyers Network

Buying and Selling Real Estate in Massachusetts (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER MASSACHUSETTS LAW - I. STANDARD FORMS OF AGREEMENTS - A. Offer to Purchase sets forth buyer’s offer of price, date for closing, contingencies for inspections, financing etc....more

Perkins Coie

Split Ninth Circuit Opinion Imposes Due Process Requirements for “In Rem” Forfeiture of Foreign Assets

Perkins Coie on

In United States v. Nasri, the U.S. Court of Appeals for the Ninth Circuit held that the U.S. government must satisfy Due Process requirements before it can seek civil forfeiture of assets located abroad. The 2-1 split panel...more

International Lawyers Network

Buying and Selling Real Estate in Kenya (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER KENYAN LAW - I. STANDARD FORMS OF AGREEMENTS - A. The transaction usually begins with a letter of offer from the seller setting out the purchase price, completion period,...more

International Lawyers Network

Buying and Selling Real Estate in India (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER INDIAN LAW - INVESTMENT AND CONVEYANCE OF REAL ESTATE IN INDIA - 1. INTRODUCTION TO REAL ESTATE IN INDIA - Since the liberalization of Indian economy, the real estate...more

International Lawyers Network

Buying and Selling Real Estate in Hungary (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER HUNGARIAN LAW- 1. Types of real estate transactions - In the Hungarian market, the typical types of real estate transactions can be differentiated as follows. 1.1...more

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