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Beverly Hills Real Estate Transaction Law Blog

Watch those condemnation clauses in your commercial leases

If you have a commercial lease and you're asking, "What's a condemnation clause?" it's time to get your lease out and read it. There's some important information in there you missed.

You wouldn't be the first person to make that mistake. Condemnation clauses seem like they're addressing such a remote possibility that both landlords and tenants often fail to carefully consider them -- until a letter comes from the authorities somewhere saying that the building or land is about to be taken under an eminent domain provision for development.

California kills bill designed to relieve housing woes

Housing in California is priced much higher than it is in the rest of the country. That's a fact that's plagued residents for decades -- so they were understandably excited at the idea that new legislation could alleviate the problem.

The legislation, known as SB 827, would have compelled cities to allow apartment housing anywhere within walking distance of major bus and rail routes. That would overturn many zoning regulations enforced by cities that wanted to keep areas from becoming too urban and too crowded for the comfort of those already there. It would also cut through local politics that often control zoning decisions and cater to the interests of a select few.

Leases for mall kiosks and pop-ups

There are two times of the year that mall kiosks and pop-ups seem to thrive: right before the holidays in December and in the middle of summer. A lot of people hit the malls to relax while they beat the heat.

A kiosk or pop-up can be very profitable for many small businesses, especially if they're trying to make themselves known and reach out to new customers. However, there are some things about the temporary commercial leases that owners need to keep in mind -- so that the whole thing doesn't backfire on them and end up costing money.

Buying commercial property? Consider all uses

If you are thinking about buying commercial property, you probably have a very specific plan in mind. You have your own business or want to have an investment that you know will pay good dividends.

Whatever your plans, however, commercial real estate is inherently more complex than buying a home. You have to consider all possible uses for the property now and in the future to decide if it is a good investment. For this and many other reasons, an expert in commercial real estate can give you a lot of advice to help you make the right decision before you buy.

How does the adverse possession of real estate work?

Adverse possession is an unusual quirk of property law. Essentially designed to help settle boundary disputes or to give property owners their rights back when the documentation of ownership was haphazard, adverse possession laws have the ability to turn squatters into owners.

For example, imagine that you own a large tract of wooded land. A man decides to move into an old hunting shack out there and make it his own. You're aware of his presence, but decide to not to make him leave. There's a possibility, depending on what he does, that he could end up the owner of the shack, the property it sits on and whatever part of the land he maintains for his use.

How to save money on a commercial lease

A commercial property lease can be the single biggest expense a business has every month -- which directly affects a company's bottom line. For many budding entrepreneurs, the cost of the lease will spiral out of control simply because they don't know how to look for ways to cut costs.

Here are some areas of any commercial lease that bear reviewing:

Exercise caution when buying a farm for a marijuana business

There are a lot of tricky issues when it comes to setting up a marijuana business -- not the least of which is finding a location where the zoning isn't a problem.

Some eager entrepreneurs are hoping that they can buy and convert a family farm to their needs. However, you need to exercise caution before rushing ahead with a purchase. These are some of the biggest questions you need to ask first:

Tips for negotiating a cell tower lease

Cellular companies are always looking for new places to build the towers they need to transmit customer data. If you've been approached by one about leasing a spot on your land, you need to make sure that you are getting a fair deal.

While any bit of cash for land you aren't currently using is probably appealing, you don't want to practically give it away. Here are a few tips that can help you negotiate:

California eyes major zoning law changes

Some areas of California are running out of space for housing developments, and industry leaders and politicians are thinking that it's time for some drastic changes.

However, those changes may spell the end of local controls over zoning regulations in the name of the greater good.

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