This month's Real Estate Monitor includes the following articles:
- Carried Interest and Real Estate
- Real Estate Easements
- Using an Option as an Investment Tool
- Residential Wind Turbine Enjoined as Nuisance
Carried Interest and Real Estate
Carried interest in alternative investments (i.e., private equity and hedge funds) is a share of the profits of an investment or investment fund that is paid to the investment manager in excess of the share of earnings that the manager is entitled to based on its contributed capital.
Real Estate Easements
This most often is in connection with equity and debt financing. However, the flexibility of legal interests also is important to users of real estate. The most common example is the creation of a lease instead of a fee interest.
Using an Option as an Investment Tool
An investment technique often overlooked by investors is the option. Its great virtue is that it can bestow on the holder control over large parcels of property for a very small cash outlay. Thus, it creates leverage and conserves cash – two objectives sought by every investor and speculator in property.
Residential Wind Turbine Enjoined as Nuisance
Wind and solar are increasingly important sources of energy and several states have adopted programs to promote their construction and use. At the same time, wind turbines or solar installations can bother neighbors and affect property values, concerns traditionally addressed by the law of nuisance. In a recent case, a Nevada appellate court upheld a permanent injunction barring a homeowner from installing a wind turbine, as a nuisance, despite the state’s aggressive policy favoring renewable energy sources. Sowers v. forest hills subdivision, 294 p.3d 427, 129 Nev. (Nev.2013)
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