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Legal and title

A Deed Restriction Is the Recorded Limit That Outlasts the Seller

A Deed Restriction Is the Recorded Limit That Outlasts the Seller

A Deed Restriction Is the Recorded Limit That Outlasts the Seller

Legal and title

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8 min read

A deed restriction is treated as a formality that dies with the transaction. It does not.

The ALTA Survey Finds What the Title Search Misses

The ALTA Survey Finds What the Title Search Misses

The ALTA Survey Finds What the Title Search Misses

Legal and title

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8 min read

An ALTA survey is the diligence step that reconciles the paper record with the physical ground, and that reconciliation is where deals get saved or lost.

The Five Purchase and Sale Agreement Clauses That Decide Who Eats a Surprise at Closing

The Five Purchase and Sale Agreement Clauses That Decide Who Eats a Surprise at Closing

The Five Purchase and Sale Agreement Clauses That Decide Who Eats a Surprise at Closing

Legal and title

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8 min read

A surprise on a commercial deal is not a question of luck. It is a question of drafting.

Mechanic's Liens Are the Construction Risk That Survives Closing

Mechanic's Liens Are the Construction Risk That Survives Closing

Mechanic's Liens Are the Construction Risk That Survives Closing

Legal and title

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8 min read

Most construction risk ends when the certificate of occupancy issues. A mechanics lien does not.

Reciprocal Easement Agreements Are the Shared Parcel Rules Buyers Skim and Later Regret

Reciprocal Easement Agreements Are the Shared Parcel Rules Buyers Skim and Later Regret

Reciprocal Easement Agreements Are the Shared Parcel Rules Buyers Skim and Later Regret

Legal and title

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8 min read

A reciprocal easement agreement is treated as boilerplate in the title package. It is not.

Easements Are the Recorded Lines That Quietly Cap What You Can Build

Easements Are the Recorded Lines That Quietly Cap What You Can Build

Easements Are the Recorded Lines That Quietly Cap What You Can Build

Legal and title

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8 min read

An easement is a recorded right for someone else to use part of your land, and it can cap what you build without ever touching the deed to who owns it.

Ground Leases: Why the Land Under a Deal Quietly Controls the Return

Ground Leases: Why the Land Under a Deal Quietly Controls the Return

Ground Leases: Why the Land Under a Deal Quietly Controls the Return

Legal and title

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7 min read

A ground lease is treated as a footnote in the diligence file. It is not.

Title Insurance Is the Diligence Cost Buyers Understand Least

Title Insurance Is the Diligence Cost Buyers Understand Least

Title Insurance Is the Diligence Cost Buyers Understand Least

Legal and title

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6 min read

Title insurance is the one closing cost most buyers pay in full and read least, and that inversion is expensive.

Force Majeure After 2020: What the Clause Really Covers in a Commercial Lease

Force Majeure After 2020: What the Clause Really Covers in a Commercial Lease

Force Majeure After 2020: What the Clause Really Covers in a Commercial Lease

Legal and title

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8 min read

A force majeure commercial lease clause almost never excuses rent, and 2020 proved it in court.