United States: Real Estate and Construction

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Real estate law and construction law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as construction and planning, conveyancing, estate management, land law and agriculture, and real estate law.
Article
First Department In Forrest Equities Draws A Sharp Line On Title Policy Coverage For Enforcement Actions And Marketability Claims
The First Department's decision in Forrest Equities LLC v. Old Republic National Title Ins. Co. clarifies critical boundaries of title insurance coverage, specifically addressing when Covered Risks 3, 5, and 6 apply to post-closing enforcement actions and marketability disputes. The court examined whether a title policy covers litigation seeking to restore a distressed property to habitability and distinguished between legal marketability of title versus economic marketability of property.
United States Real Estate
RD
Riker Danzig LLP
Article
HUD Issues New Guidance On Emotional Support Animals Under The Fair Housing Act
The U.S. Department of Housing and Urban Development (HUD) withdrew its 2013 and 2020 guidance on assistance animals in fair housing on September 17, 2025, sowing confusion among housing providers over the provisions of the Fair Housing Act (FHA) concerning reasonable accommodations in its absence. The wait for new direction under HUD on this pressing issue is over, as HUD issued its new enforcement guidance on assessing the use of animals as reasonable accommodations on May 22, 2026.
United States Real Estate
WE
Wilson Elser Moskowitz Edelman & Dicker LLP
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Article
TCEQ Seeks Stakeholder Input On Renewal Of The Stormwater Construction General Permit
The Texas Commission on Environmental Quality is seeking stakeholder input on the upcoming renewal of its Stormwater Construction General Permit, which governs discharge from construction activities across the state. With the current permit set to expire in March 2028, TCEQ is engaging stakeholders early in the drafting process to gather feedback that could significantly impact design requirements, compliance obligations, and operational costs for construction projects disturbing one or more acres of land.
United States Environment
PA
Peckar & Abramson PC
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Article
Texas Supreme Court Rejects The “Gist” Doctrine And Clarifies When Parties May File Texas Lawsuits Regarding Out-of-State Property Interests
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
United States Litigation
KM
Katten Muchin Rosenman LLP
Article
Seller Financing In Washington State
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
United States Real Estate
BB
Beresford Booth
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Article
Post-Death Administration In Wisconsin: Navigating Options In An Aging Population
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.
United States Family
RB
Reinhart Boerner Van Deuren s.c.
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Article
Waiting For The Sun - Recent Transactions
Cadwalader's real estate finance team has successfully closed several major transactions spanning student housing portfolios, luxury resort acquisitions, office complex refinancings, industrial warehouse facilities, and cold-storage properties. These deals range from $39.25 million to $1.435 billion and involve diverse property types across multiple states, demonstrating the firm's comprehensive capabilities in commercial real estate lending and acquisition financing.
United States Finance
CW
Cadwalader, Wickersham & Taft LLP
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