BERYS LAW | Business, Real Estate, Wills/Trusts

For many property owners, few legal concepts are as unsettling as eminent domain. The idea that the government—or in some cases, a private entity acting under government authority—can take private property for public use may seem alarming. Yet eminent domain has long been a part of property law, balancing individual ownership rights with the needs of society. Understanding how it works is essential for any property owner who may face this situation.

Defining Eminent Domain

Eminent domain is the power of the government to take private property for public use, provided that the property owner receives just compensation. This authority stems from the Fifth Amendment of the U.S. Constitution, which states that no person shall be deprived of property without due process of law, nor shall private property be taken for public use without fair payment.

Public use is broadly defined. Traditionally, it included roads, schools, and government buildings. Today, it can also extend to utilities, ...

Commercial real estate development is one of the most lucrative yet complex areas of business. Whether you’re planning to build an office tower, shopping center, or mixed-use facility, the path from idea to completion involves a labyrinth of contracts, regulations, financing arrangements, and negotiations. While developers often focus on design, location, and profitability, overlooking the legal side can put an entire project at risk. This is why having proper legal guidance is not just an option—it’s a necessity.

Navigating Zoning and Land Use Laws

One of the earliest hurdles in any real estate development is ensuring the land is suitable for your intended use. Zoning ordinances, building codes, and land use restrictions vary significantly by city or municipality. Without a lawyer’s guidance, developers may unknowingly violate these rules, leading to costly delays or even lawsuits. Legal experts help evaluate the site, identify restrictions, and, when necessary, assist in obtaining ...

Expanding your business by opening a new location is an exciting milestone. It often signals growth, stability, and increased demand for your products or services. But before you cut the ribbon, it’s important to understand the legal considerations involved. Overlooking these details can lead to costly delays or disputes down the road. Here’s what you need to know legally before opening that new branch.

1. Choose the Right Business Structure

If your business operates as a sole proprietorship or partnership, opening additional locations may expose you to greater liability. Many owners consider restructuring into a limited liability company (LLC) or corporation when expanding. This helps protect personal assets and simplifies managing multiple branches under one legal entity. If you’re already incorporated, you’ll need to decide whether to operate the new location as part of the existing entity or form a subsidiary.

2. Review Zoning and Local Ordinances

Not every property is suitable...

Franchising can be one of the fastest ways to grow a successful business. By allowing others to replicate your model under your brand, you expand your reach while benefiting from franchise fees and royalties. However, franchising isn’t as simple as granting permission to use your name. It’s a legal process with strict requirements designed to protect both franchisors and franchisees. If you’re considering this path, here are the key legal steps you need to take first.

1. Confirm Your Business Is Franchise-Ready

Before drafting contracts or recruiting franchisees, assess whether your business is prepared to scale. A franchise model works best for businesses with a proven track record, recognizable brand, and replicable operations. You’ll also need training systems, marketing support, and supply chain logistics in place to ensure franchisees can succeed under your guidance.

2. Develop a Franchise Disclosure Document (FDD)

In many jurisdictions, including the U.S., the law requires fr...

Eviction is often seen as the ultimate solution when tenants fail to pay rent or violate lease terms, but it’s also one of the most costly and time-consuming processes a landlord can face. Court fees, lost rent, legal representation, and property turnover costs add up quickly—not to mention the stress involved. Fortunately, eviction isn’t the only option. Exploring alternatives can help landlords save money, preserve tenant relationships, and resolve issues faster.

1. Open Communication and Mediation

Sometimes, a simple conversation is all it takes to resolve conflicts. Tenants may fall behind on rent due to temporary hardships, like job loss or medical bills, and may be willing to work with you if given the chance. Instead of heading straight to court, try scheduling a meeting to discuss the problem.

Mediation services, often offered by local housing authorities or nonprofit organizations, can also help. These services provide a neutral third party who guides landlords and tenants ...

Owning rental property can be a rewarding investment, but it also comes with the responsibility of following state and local rental laws. Regulations vary widely from one state to another, and even seasoned landlords can feel overwhelmed by the legal details. Fortunately, staying compliant doesn’t have to be a headache. With the right systems in place, you can protect yourself legally, keep tenants happy, and run your rental business more smoothly.

1. Know the Laws in Your State and City

The first step is understanding that rental laws aren’t “one size fits all.” What applies in California might not be relevant in Texas or Florida. Some states have strict rent control rules, while others offer more flexibility. Cities may also have ordinances around safety, inspections, or occupancy limits.

To avoid costly mistakes, start by reviewing your state’s landlord-tenant handbook or official housing authority website. Many states provide free resources that break down landlord responsibilit...

Estate planning has traditionally focused on tangible property like homes, vehicles, and financial accounts. However, in today’s digital age, much of our personal and financial lives are managed online. From social media to cryptocurrency, digital assets are now an essential part of estate planning. Recognizing what qualifies as a digital asset and ensuring they are included in your estate plan can save your loved ones unnecessary confusion and protect your legacy.

Defining Digital Assets

Digital assets include any electronic record, file, or account that holds personal, sentimental, or monetary value. These assets can range from financial holdings to personal online content. Importantly, they are often protected by unique usernames, passwords, and terms of service agreements, making access difficult for family members if not properly planned for in advance.

Common Types of Digital Assets

Financial Accounts – Online banking, PayPal, Venmo, investment platforms, and cryptocurrency w...

Managing commercial property comes with its own set of challenges, and one of the most difficult situations landlords face is dealing with tenant evictions. Unlike residential leases, commercial tenant evictions involve unique legal considerations, contractual obligations, and financial implications. Whether you’re an experienced landlord or new to commercial property ownership, understanding the eviction process is essential to protect your investment while minimizing risks.

Grounds for Commercial Tenant Eviction

Eviction is typically the last resort when a commercial tenant breaches their lease agreement. Common grounds include nonpayment of rent, consistent late payments, unauthorized use of the property, violation of lease terms, or abandonment of the premises. Some landlords also pursue eviction if the tenant’s activities harm the property’s value, reputation, or safety. However, unlike residential leases where tenant protections are stronger, commercial leases rely heavily on t...

Business contracts are where expectations meet reality. A well‑drafted agreement protects cash flow, relationships, and reputation; a sloppy one invites disputes. Here are the most common pitfalls—and how to avoid them—so your next contract is clear, fair, and enforceable.

1. Vague scope and deliverables

The #1 source of conflict is ambiguity. Define the scope with precision: what’s included, what’s excluded, and how “done” is measured. Add milestones, acceptance criteria, file formats, service levels, and who supplies what. If you can’t verify it, it’s not clear enough.

2. Slippery payment terms

Spell out price, currency, deposit, invoicing schedule, payment method, due dates, late fees, and interest. Tie payments to milestones or deliverables, not vague dates. Add consequences for non‑payment (pause rights or termination) and who pays taxes and bank fees.

3. No change‑control process

Projects evolve, budgets explode. Require written change orders that specify the revised scope,...

Homeowners’ associations (HOAs) exist to protect property values and ensure smooth community living. But for many homeowners, HOA board decisions can feel arbitrary or even unfair, leading to frustration, disputes, and unnecessary tension. Fortunately, with the right approach, HOA boards can foster transparency, fairness, and cooperation—while reducing conflicts. Here’s how.

1. Transparency

One of the fastest ways to build trust is through openness. Boards should clearly communicate decisions, reasoning, and processes to homeowners. Sharing agendas in advance, keeping detailed meeting minutes, and making records accessible ensures homeowners feel included and informed. Transparency eliminates suspicion and demonstrates that decisions are based on rules—not favoritism.

2. Apply Rules Consistently

Selective enforcement of community rules breeds resentment. If one homeowner receives a violation notice for leaving trash bins outside, but another does not, conflict is inevitable. Boar...