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Real Estate Law
@realestatelaws.bsky.social
A daily source of news, commentary, and analysis by leading lawyers covering commercial and residential real estate, zoning, contracts, construction, REITs, property management, and myriad other related legal issues.

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Effective January 1, 2026 California SB 61 Caps Retention at 5% on Private Construction Projects
Effective January 1, 2026 California SB 61 Caps Retention at 5% on Private Construction Projects
California passed Senate Bill 61 (SB 61), a new law intended to help ease financial risk for contractors and subcontractors on private...
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January 2, 2026 at 2:40 PM
Ohio’s Proposed “Property Protection Act”: An Overview of House Bill 1
Ohio’s Proposed “Property Protection Act”: An Overview of House Bill 1
The Ohio General Assembly is currently considering legislation that would significantly expand restrictions on land ownership by individuals,...
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January 2, 2026 at 2:40 PM
Ohio Real Estate Law Wrapped: 2025 in Review
Ohio Real Estate Law Wrapped: 2025 in Review
As 2025 draws to a close, Ohio real estate practitioners and property owners face a transformed legal landscape. From historic property tax...
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January 2, 2026 at 2:39 PM
This Math Isn’t Math-ing: Whose Calculation Is Correct? Resolving a Lease Termination Payment Dispute
This Math Isn’t Math-ing: Whose Calculation Is Correct? Resolving a Lease Termination Payment Dispute
Key Takeaways - Termination fee calculations must reflect the full lease context, not isolated clauses. Courts will look at all lease language...
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January 2, 2026 at 2:11 PM
Critical Conversations: NRTA 2025 Addresses Responsible Approaches to Homelessness and Property Safety in Commercial Real Estate
Critical Conversations: NRTA 2025 Addresses Responsible Approaches to Homelessness and Property Safety in Commercial Real Estate
Key Takeaways - Homelessness and vandalism are distinct issues. Retailers should differentiate between lawful, non-threatening presence and...
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January 2, 2026 at 2:11 PM
A New Retail Reality: Local Leases, Global Perspective
A New Retail Reality: Local Leases, Global Perspective
Key Takeaways - Retail leasing is no longer purely local. Even neighborhood retail deals are increasingly impacted by global forces, including...
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January 2, 2026 at 2:09 PM
Retail 2026 First Look: Flashing Red Lights and Retail Adaptations
Retail 2026 First Look: Flashing Red Lights and Retail Adaptations
Key Takeaways - Redevelopment leads retail strategy in 2026. Owners are prioritizing existing assets and mixed-use projects as new construction...
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January 2, 2026 at 2:08 PM
ICSC-Law 2025: Let’s Get Down to Business
ICSC-Law 2025: Let’s Get Down to Business
Key Takeaways - ICSC-Law 2025 emphasized deal-driven, practical lawyering, with a focus on making transactions work through collaboration,...
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January 2, 2026 at 2:06 PM
Tax Court Ruling Sheds Light on Use of Market Rent in Determining Valuation
of Medical Office Property
Tax Court Ruling Sheds Light on Use of Market Rent in Determining Valuation of Medical Office Property
The Connecticut Tax Court recently addressed a property tax dispute concerning the fair market value of a 124,625 square foot medical office...
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December 30, 2025 at 4:32 PM
NYC Economic Development Outlook: CRE Investment Opportunities Changing the Market
NYC Economic Development Outlook: CRE Investment Opportunities Changing the Market
Twice a year, Herbert Smith Freehills Kramer hosts “Rethinking Real Estate,” an invitation-only event where industry experts discuss the latest...
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December 30, 2025 at 3:33 PM
A Rare Occurrence: A Developer is Awarded Significant Damages for Loss of Profits Due to a City's Faulty Behavior
A Rare Occurrence: A Developer is Awarded Significant Damages for Loss of Profits Due to a City's Faulty Behavior
In Ville de Dollard-des-Ormeaux v. 4164717 Canada inc., 2025 QCCS 4117, the Superior Court of Quebec examines the liability of the City of...
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December 30, 2025 at 5:58 AM
Landowners May Be Subject to Property Tax in Israel!
Landowners May Be Subject to Property Tax in Israel!
The recently published memorandum of law seeking to reinstate property tax could have a significant impact on dozens to hundreds of thousands of...
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December 29, 2025 at 7:54 PM
EBA final report on amendments to RTS for risk weights on immovable property exposures
EBA final report on amendments to RTS for risk weights on immovable property exposures
The European Banking Authority (EBA) has published its final report on draft regulatory technical standards (RTS) amending Delegated Regulation...
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December 27, 2025 at 3:22 AM
An Eminent Domain Lawyer’s 12 Days of Christmas
An Eminent Domain Lawyer’s 12 Days of Christmas
On the first day of Christmas my client came to me and asked: “who holds title to the partridge in a pear tree that is within our new proposed...
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December 27, 2025 at 3:11 AM
New Section 892 Regulations: Action Points for Private Fund Sponsors and Non-U.S. Pension Plan & Sovereign Investors
New Section 892 Regulations: Action Points for Private Fund Sponsors and Non-U.S. Pension Plan & Sovereign Investors
The Department of the Treasury has finalized highly anticipated Treasury regulations (the Final Regulations) that provide certain non-U.S....
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December 26, 2025 at 7:54 PM
Latest Updates on Ontario’s Long Lead-Time Request for Proposals (Updated)
Latest Updates on Ontario’s Long Lead-Time Request for Proposals (Updated)
This bulletin was updated on December 24, 2025. This is the latest on the Independent Electricity System Operator (IESO) Long Lead-Time...
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December 26, 2025 at 7:34 PM
The New RPAPL 881 is Officially Here: NY Governor Signs Amendment with Significant Changes to Adjoining Property Access Framework
The New RPAPL 881 is Officially Here: NY Governor Signs Amendment with Significant Changes to Adjoining Property Access Framework
On December 5, 2025, Governor Kathy Hochul signed into law long-anticipated amendments to RPAPL § 881, the statute governing court-ordered access...
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December 26, 2025 at 7:18 PM
Real Property Taxation of Solar and Wind Energy Systems in New York State Update: New Amendments to RPTL §575-b Intended to Clarify the State’s Assessment Model
Real Property Taxation of Solar and Wind Energy Systems in New York State Update: New Amendments to RPTL §575-b Intended to Clarify the State’s Assessment Model
Intended to promote clarity and predictability in valuation of solar and wind energy systems, RPTL § 575-b has been anything but clear or...
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December 24, 2025 at 5:44 AM
Preparing for January 1, 2026 Changes to the Construction Act (Ontario)
Preparing for January 1, 2026 Changes to the Construction Act (Ontario)
With the passing of the Building Ontario For You Act (Budget Measures), 2024 and the Fighting Delays, Building Faster Act, 2025, the Government...
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December 24, 2025 at 5:15 AM
What Are "Reasonable Endeavours" in Contracts Conditional on Obtaining Planning Permission?
What Are "Reasonable Endeavours" in Contracts Conditional on Obtaining Planning Permission?
1. INTRODUCTION The recent High Court judgment in Romal Capital (C02) Limited ("Romal") v Peel Ports Limited ("Peel") is a rare case in which the...
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December 23, 2025 at 4:22 AM
Client Alert: “Let’s 1031 that building for another” Section 1031 Like-Kind Exchanges — What It Is and How It Works in Practice
Client Alert: “Let’s 1031 that building for another” Section 1031 Like-Kind Exchanges — What It Is and How It Works in Practice
What Section 1031 does. Section 1031 lets you defer tax when you swap one investment or business real estate for another, as long as both are...
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December 22, 2025 at 8:23 PM
European real estate: A market ready to mobilize
European real estate: A market ready to mobilize
European real estate investors are preparing for more activity in 2026, with an acceptance that macro headwinds are now risk-allocated like any...
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December 22, 2025 at 6:18 PM
Aboriginal Title Over Private Lands: Legal Uncertainty After Recent Court Decisions
Aboriginal Title Over Private Lands: Legal Uncertainty After Recent Court Decisions
Two recent court decisions have brought renewed attention to the question of whether Aboriginal title can apply to privately owned (or “fee...
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December 22, 2025 at 4:43 PM
Navigating the Challenges of Data Center Growth - Part II: Water, Siting, and E-Waste
Navigating the Challenges of Data Center Growth - Part II: Water, Siting, and E-Waste
This is the second post in Foley Hoag’s series dedicated to the legal energy and environmental issues facing data center development and their...
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December 20, 2025 at 7:23 AM
2025 Shimberg Study Published: South Florida Remains Ground Zero for Affordability Crisis; Orlando Affordability Worsens
2025 Shimberg Study Published: South Florida Remains Ground Zero for Affordability Crisis; Orlando Affordability Worsens
The Shimberg Center for Housing Studies today released its annual report for 2025. Palm Beach, Broward, and Miami-Dade Counties continue to have...
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December 20, 2025 at 7:20 AM