United States: Real Estate

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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
Building An Affordable California Act: CEQA Reform For “Essential Projects”
California voters will soon decide on Proposition 45, the Building an Affordable California Act (BACA), which promises to revolutionize CEQA environmental review for essential projects including housing, infrastructure, and renewable energy developments. The initiative would establish vested CEQA standards, accelerated review timelines, and significantly reduced litigation risks for qualifying projects. Will this landmark reform provide the certainty developers need, or will ambiguities in its broad provisi
United States Environment
AM
Allen Matkins Leck Gamble Mallory & Natsis
Article
California Enacts AB 1751: Streamlined Path For Missing Middle Townhome Development
California's new Missing Middle Townhome Ownership Act establishes a groundbreaking ministerial approval pathway for townhome developments of up to 150 units, eliminating CEQA review and discretionary hearings. The legislation creates unprecedented opportunities for attainable homeownership by streamlining entitlements, reducing construction timelines, and enabling flexible ownership structures including fee-simple lots, cooperatives, and community land trusts. With the potential to unlock thousands of parc
United States Real Estate
HK
Holland & Knight
Article
Texas Escalates Data Center Oversight With Attorney General Water-Use Investigation
Texas has launched a sweeping investigation into hundreds of data center developments that failed to comply with mandatory water use surveys, marking the latest escalation in a seven-week regulatory crackdown. The state's actions have frozen permits, paused interconnection studies, and exposed projects to criminal and civil enforcement, all while the industry faces mounting scrutiny over its rapidly growing demands on electricity and water infrastructure. With multiple state agencies now coordinating enforc
United States Energy
FL
Foley & Lardner
Article
Michael C. Zisa And Phillip Boldt Co-Author D.C. Chapter Of “50-State Guide To Electronic Execution Of The General Agreement Of Indemnity”
Two attorneys from Peckarsky & Associates have co-authored a comprehensive 50-state guide examining how electronic execution affects sureties' rights under general agreements of indemnity. The guide analyzes critical jurisdictional differences in electronic signatures, remote online notarization, and powers of attorney that impact surety professionals' underwriting and claims decisions.
United States Real Estate
PA
Peckar & Abramson PC
Article
More For The Missing-Middle: SB 1116 Expands Starter Home Revitalization Act (SB 684/1123)
California's Starter Home Revitalization Act receives significant enhancements through Senate Bill 1116, expanding site eligibility criteria, limiting local zoning restrictions, and invalidating certain private deed covenants to accelerate small-lot residential subdivisions. The legislation introduces streamlined 60-day ministerial approvals while establishing new rules for lot size averaging, height restrictions, and concurrent permit processing that fundamentally reshape the pathway for starter home devel
United States Real Estate
AM
Allen Matkins Leck Gamble Mallory & Natsis
Article
Multifamily Client Alert: Key Updates on D.C. Rent Freeze, TOPA/ROFR, and New D.C. and Maryland Legal Requirements and Programs
Legislative and regulatory developments are reshaping multifamily housing in the D.C. metro area, from rent freeze ballot initiatives and property tax assessment reforms to TOPA amendments and new energy efficiency programs. Stakeholders face evolving compliance requirements across D.C., Prince George's County, and Montgomery County that will impact rental housing operations and investment strategies.
United States Real Estate
BS
Ballard Spahr LLP
Article
Like It Or Not, WUCOIA Is Coming…(Part 1 – Insurance)
Washington State's WUCIOA will fundamentally transform insurance requirements for condominium and homeowners' associations starting January 1, 2028. Community associations will face new mandates including walls-in coverage, commercial general liability insurance, and fidelity insurance, representing significant departures from current statutory schemes. Understanding these changes and updating governing documents now may be critical to avoiding confusion about rights and responsibilities under the new law.
United States Insurance
BB
Beresford Booth
Article
Can A Title Insurer Avoid All Obligations And Liability By Paying Its Insured Policy Limits?
A recent Ninth Circuit opinion challenges the long-standing practice of title insurers terminating their obligations by simply paying policy limits, potentially exposing them to bad faith liability even when exercising contractual options. The case examines whether title insurance companies can prioritize their economic interests over their insureds' need for legal defense without facing extracontractual claims.
United States Insurance
BB
Beresford Booth
Article
New York City’s “pied-à-terre Tax”: What Owners Need To Know Now
New York City has begun notifying owners of high-value residential properties about a newly enacted annual surcharge on units not used as primary residences. While receipt of a notice doesn't automatically mean payment is required, it does impose response obligations on owners of second homes, investment properties, and trust-held residences. The surcharge faces active litigation, with courts currently permitting collection to proceed despite ongoing legal challenges.
United States Tax
AO
A&O Shearman
Article
What Can You Do If A Seller Fails To Disclose Property Defects In A Real Estate Transaction?
When you discover serious property defects after closing on a real estate purchase in Massachusetts, understanding your legal options becomes critical. This article examines when sellers, brokers, and inspectors can be held liable for undisclosed defects, exploring the boundaries of Massachusetts' "buyer beware" doctrine and the circumstances under which misrepresentation claims may succeed.
Global Real Estate
RM
Rich May
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