United States: Real Estate

California's housing and environmental regulations face new legal challenges as state agencies clash with local governments over compliance requirements. From escalating penalties against Huntington Beach to lawsuits over transit-oriented development rules, these disputes highlight the ongoing tension between state mandates and municipal authority in shaping land use policy.

In California, solar operators leasing land for their projects face a critical risk: foreclosure by a junior lienholder could extinguish their lease and force premature project removal, potentially triggering defaults under revenue agreements. A simple yet often overlooked solution—recording a Memorandum of Lease—can protect the project from most foreclosures by establishing the lease's priority in the chain of title.

Washington's property records combine federal surveys, handwritten field notes, metes-and-bounds descriptions, recorded plats, and digital databases into a complex system that has evolved over more than a century. While modern county databases make property information accessible within seconds, understanding how parcel numbers, legal descriptions, surveys, and recording systems work together reveals both the usefulness and occasional complexity of identifying land ownership and boundaries.

A California appellate court has ruled that mutual water companies must cancel shares held by public entities under state law, even when those entities use the water for municipal purposes. The decision examines whether public ownership of appurtenant shares conflicts with constitutional provisions and establishes important precedent for land transactions involving mutual water companies.

While those upward bracket shifts may provide meaningful tax savings on higher-value properties, Washington’s Real Estate Excise Tax (“REET”) structure remains one of the most closely watched elements of transactional planning for commercial and residential property owners and developers. Because Washington applies a tiered, progressive REET rate system for real estate sales, alongside strict rules governing the transfer of controlling interests in entities that own real property, even minor statutory adjustments can drastically alter the economics of a transaction if deal timing or contract mechanics are mishandled.

The federal Opportunity Zone program has been made permanent through the One Big Beautiful Bill Act, introducing significant changes to tax deferral rules, census tract designations, and investment incentives. Understanding how Opportunity Zones 2.0 differs from the original program is critical for business owners, investors, and real estate developers planning transactions in 2026 and beyond.

Negotiating a commercial lease requires careful attention to critical provisions that can significantly impact a tenant's financial obligations and operational flexibility. Understanding the nuances of lease terms, rent structures, possession requirements, landlord responsibilities, and maintenance allocations is fundamental to protecting tenant interests.

That possibility becomes especially important for older homeowners. If the owner dies before the sale and the property is still titled in that person’s name, determining who has authority to complete the transaction can create delays.

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