United States: Real Estate and Construction

For hundreds of years, the world’s sovereign nations refused to allow any other foreign sovereign to be sued in their courts without the sovereign’s consent. The guiding principle was “absolute sovereign immunity,” an outgrowth of the ancient legal precept rex non potest peccare, understood to mean “the king can do no wrong.” The principle also was recognized as wise foreign policy because it extended "grace and comity" to other sovereigns.

Practicing real estate lawyers all over the United States have long been familiar with a problem that can arise whenever a landowner-client seeks to develop land burdened...

As the commercial real estate (CRE) lending market adjusts to tighter credit conditions, Commercial Property Assessed Clean Energy, commonly known as “C-PACE,” has emerged as an increasingly prevalent component of the CRE capital stack. Cumulative originations reached a record ~$13 billion in 2025, and 40 states now have active programs.

The Texas Supreme Court has overturned the "gist" rule used by lower courts to dismiss cases involving out-of-state property, establishing that Texas courts can exercise jurisdiction over contractual disputes and deed reformation matters regardless of property location. This landmark decision clarifies the distinction between in personam and in rem suits, potentially opening Texas courts to a broader range of extraterritorial real estate disputes. The ruling in Braxton Minerals III, LLC v. Bauer provides cr

Seller financing offers an alternative path to homeownership for buyers who struggle to meet conventional lending requirements, providing flexibility for both parties while potentially avoiding broker fees. However, these transactions require careful legal documentation including loan agreements, promissory notes, and deeds of trust to prevent adverse consequences. A real estate attorney can guide buyers and sellers through the complexities of seller-financed deals, from drafting paperwork to addressing tit

The Ohio Supreme Court has issued a significant ruling on whether a 1953 deed's reservation of "coal or other minerals of any vein" includes oil and gas rights. The decision examines how specific language choices and the absence of oil-and-gas-related terminology in deed reservations can determine the scope of mineral rights, potentially reshaping how courts interpret similar conveyances across the state.

Massachusetts quietly amended its estate tax statute last summer. This amendment significantly changes how the tax is calculated for non-resident decedents owning Massachusetts real estate.

A revocable living trust (sometimes called a revocable inter vivos trust) is a legal arrangement you create during your lifetime to hold legal title to your assets.

Jennifer D'Amato explores the critical techniques and strategies available under Wisconsin law for post-death estate administration, examining how legal professionals can help families minimize costs, delays, and conflicts during the probate process. The article provides practical guidance on navigating the various administration options available in Wisconsin's aging population landscape.

Practicing real estate lawyers all over the United States have long been familiar with a problem that can arise whenever a landowner-client seeks to develop land burdened...

A federal court in Texas has vacated FinCEN's Residential Real Estate Reporting Rule, suspending enforcement and eliminating current reporting obligations for title companies and closing agents. FinCEN has issued updated guidance confirming no liability for non-filing during the vacatur period, though the agency has appealed the decision and the rule may be reinstated pending Fifth Circuit review.

As the commercial real estate (CRE) lending market adjusts to tighter credit conditions, Commercial Property Assessed Clean Energy, commonly known as “C-PACE,” has emerged as an increasingly prevalent component of the CRE capital stack. Cumulative originations reached a record ~$13 billion in 2025, and 40 states now have active programs.