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Ten Important Tools to Manage Environmental Risks in Real Estate Transactions [INFOGRAPHIC]

By: Matthew D. Neumann on March 16, 2021

Environmental issues can present significant risks and complications in real estate transactions. With the right team in place and with guidance from skilled environmental counsel, however, environmental risks do not need to be viewed as a threat to the project.  Rather, environmental challenges can…

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Environmental Issues in Real Estate Transactions: Ten Critical Concepts and Important Tools to Manage Risk [WEBINAR]

By: Matthew D. Neumann on February 25, 2021

Matthew D. Neumann, Partner in Krieg DeVault’s Real Estate & Environmental practice, hosted a webinar on Environmental Issues in Real Estate Transactions: Ten Critical Concepts and Important Tools to Manage Risk. A recording of the webinar and the slides from the presentation are available here. 

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Triple Net - A Series on Commercial Leasing by Krieg DeVault: Breaking Down the Three Main Types of Leases

February 25, 2021

Commercial leases typically fall into one of three main types of leases—gross, net, or modified gross, with the net lease having various subtypes. The differences in these types of leases largely revolves around the rent structure of the lease and the allocation of costs and expenses for the leased…

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Indiana Reverses Acknowledgement and Proof Requirement on Recorded Documents 

By: David A. Adams on February 19, 2021

A collective sigh of relief could be heard from recording offices, title companies, and lenders across the state of Indiana as House Enrolled Act 1056 (HEA 1056) was signed into law at record speed. On Thursday, February 18, 2021, Governor Holcomb signed into law HEA 1056 which ultimately reversed…

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Changes to the Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys Effective February 23, 2021

February 10, 2021

The American Land Title Association (ALTA) and the National Society of Professional Surveyors (NSPS) have adopted new Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys effective as of February 23, 2021 (the “Standards”).1  While many of the changes relate to the verbiage used in…

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Triple Net - A Series on Commercial Leasing by Krieg DeVault: Tenant Considerations for Letters of Intent

February 8, 2021

Author's Note: This article kicks off "Triple Net:  A Series on Commercial Leasing by Krieg DeVault" in which members of the Firm's Real Estate & Environmental Practice Group will analyze important issues and provide practical guidance for landlords and tenants when entering into commercial…

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Changes to the Indiana Sales Disclosure Form Effective January 1, 2021

By: David A. Adams on December 28, 2020

Last week, the Indiana Department of Local Government Finance (“DLGF”) released the new Indiana Sales Disclosure Form (“SDF”). This article provides a brief overview for buyers and sellers of when the SDF is required and of the substantive changes made to the SDF that take effect January 1, 2021. …

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Section 1031 Exchanges: Final Regulations Issued for Definition of Real Property

By: Christopher D. Long on December 17, 2020

Under Internal Revenue Code, Section 1031 (“Section 1031”), the taxpayer may exchange certain property for other like property and defer gain recognition on the relinquished property. The Tax Cuts and Jobs Act of 2017 (“TCJA”) limited the application of Section 1031 to only exchanges of real…

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New Change to the Indiana Code Requires Additional Signature by Witness on All Recorded Documents

June 24, 2020

Senate Enrolled Act No. 340, which goes into effect July 1, 2020, will now require that any document to be recorded in Indiana have both a notarized signature of grantor and a notarized signature of a witness. Currently, Indiana Code §32-21-2-3 requires any document to be recorded must be either…

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Force Majeure Considerations for Commercial Leases in Indiana

May 14, 2020

The concept of force majeure has garnered significant attention due to the social and economic impact of the novel Coronavirus (“COVID-19”) resulting in a reduction of operations or closure of businesses, factories, stores and restaurants across the U.S. What does force majeure mean to landlords…

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CARES Act Provides 100% Bonus Depreciation for Qualified Improvement Property

April 14, 2020

On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act") to provide economic benefits to small businesses in response to the novel Coronavirus (COVID-19) pandemic. In addition to the widely publicized Economic Injury Disaster Loan and…

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IRS Extends 1031 Exchange Deadlines in Response to COVID-19 Pandemic

April 12, 2020

In response to the ongoing novel Coronavirus (COVID-19) pandemic, President Trump issued an emergency declaration under the Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5121 et seq.) on March 13, 2020, which instructed the Secretary of the Treasury "to provide relief from tax…

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