Lobbying Affiliate: MML&K Government Solutions
{ Banner Image }

Real Estate Law Blog

Make sure you're on solid ground before you break it.

Contact Us

* Indicates a required field.

Categories

McBrayer Blogs

Photo of Real Estate Law Blog Brittany MacGregor Roethemeier
Associate
broethemeier@mmlk.com
859-231-8780, ext. 140
View Bio
I started my career with McBrayer working as an office runner while attending Transylvania University.  After clerking in both the real estate department and general litigation …

Showing 15 posts by Brittany MacGregor Roethemeier.

The Kind of Exchange to Like: Section 1031 Like-Kind Exchanges

Whenever you sell off a piece of investment property for a gain, you generally pay tax on that gain at the time of the sale. If you then use the post-tax proceeds to purchase another property that you later sell for a gain, you’ve effectively traded one property for another, but you were taxed twice along the way. Luckily, the tax code contains Section 1031, which allows for a tax deferred “exchange” of properties, and it can be a lifesaver for investors. More >

How a Restrictive Covenant Can Be Anything But

Restrictive covenants can be a protective measure to prevent competing uses, or they can be a thorn in the side of someone attempting to develop land subject to one. These clauses, whether set forth in deeds or as separate covenants, place restrictions on the uses of the property. Further, unless they have a particular expiration date, they run with the land despite future transfers. Whatever the intended effect of a restrictive covenant, they tend to be viewed with higher levels of scrutiny by the courts, as restrictions on land in perpetuity run against public policy preferences that hold that land should be given as freely as possible. In other words, you must choose the words of a restrictive covenant very carefully, or the provision may not mean what you think, or have the effect you intend. More >

Investing in Real Estate: Where Do You Start?

Investment in real estate, whether residential or commercial, is a great vehicle for building wealth. For many people, however, the most difficult part of building a portfolio of real estate investment is knowing just where to begin. There are more options and moving parts than may be evident at first blush, so new investors might be either hesitant to enter the field or far too brash in diving into an investment without a definitive road map. Both paths are fraught with difficulty and failure. More >

New 2016 ALTA/NSPS Survey Standards Now In Effect

In the real estate survey world, boundaries are shifting. In October of 2015, the American Land Title Association (“ALTA”) and National Society of Professional Surveyors (“NSPS”)[1] approved the 206 Minimum Standard Details Requirements for ALTA/NSPS Land Title Surveys, and these became effective as of February 23, 2016. There are a number of changes to the required surveys designed to create a more easily understood plat and thwart potential miscommunication among surveyors, title companies, clients and lenders.


[1] It should be noted that the NSPS is a successor organization to the American Congress on Surveying and Mapping (“ACSM”), so these standards are an update to the prior “Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys.” More >

How to Evict a Tenant

Posted In Landlord, Tenant

The ideal situation in a landlord-tenant relationship is the timely adherence to the provisions of the lease, producing mutual benefit for both parties to the contract. Unfortunately, sometimes this relationship deteriorates and a landlord must step in to reassert her or his right to receive cash flow from the leasing of real estate. While an eviction may seem like a harsh step, landlords should understand that it is a business decision made in the course of renting property, one that they should not hesitate to take when necessary. Luckily, the process is not overwhelmingly difficult, even if it must be done according to very specific steps. More >

Debtors May Want To Take It All Off, But The Supreme Court Says Junior Liens Can’t Be Stripped

Posted In Mortgage

It’s not an uncommon sight, especially in light of the burst of the housing bubble in recent years: a debtor in bankruptcy has two mortgages on a property with a fair market value of less than the amount of the senior mortgage. The junior mortgage lien is then wholly underwater, so that creditor would receive nothing from the sale of the property. The question then becomes, can the debtor void those liens in a Chapter 7 bankruptcy proceeding? The Supreme Court, in an increasingly rare show of unanimity, said “No.” More >

Commercial Real Estate Sales: Initial Considerations in the Purchase of Commercial Real Estate

The decision to purchase, lease, or sell commercial real estate is fraught with multiple challenges for both buyers and sellers. This series of posts will provide a basic understanding of the various aspects of transactions involving commercial real estate. This post will focus on initial considerations for buyers in purchasing commercial real estate. More >

Here One Minute, Gone The Next: Temporary Retail Tenants

Posted In Uncategorized

A sure sign that fall is approaching: Halloween costume stores start popping up in retail centers. These stores are only around for a short period, but they can certainly draw a crowd in the time that they are there. It seems that temporary tenants (also called “pop-up stores”) have become commonplace over the last few years…and they are opening more than the standard Halloween shop. More >

Ashland, KYLexington, KYLouisville, KYFrankfort, KY: MML&KFrankfort, KY LawGreenup, KYWashington, D.C.