Tanya D. Marsh
Tanya D. Marsh is a Partner at McNeely Stephenson in our Indianapolis office where her practice primarily focuses on commercial real estate law and death care services law.
Tanya graduated with a B.A. from Indiana University in 1994, where she studied history and political science. Tanya served as a Governor’s Fellow for Governor Evan Bayh for one year, then as the Assistant Director of Planning and Communication for the final two years of Governor Bayh’s second term. Tanya entered Harvard Law School in Fall 1997, graduating cum laude in 2000. Subsequent to her graduation from Harvard, Tanya served as a law clerk for the Honorable Theodore R. Boehm of the Supreme Court of Indiana for just over a year.
Tanya has practiced commercial real estate and corporate law in Indiana since 2001, in large law firms, as in-house counsel for a national developer/landlord, and independently. She has primarily represented the owners of commercial real estate in purchase and sale transactions, financing, property management, and leasing.
Tanya is also a Professor of Law at Wake Forest University where she teaches courses in real property, trusts & estates, and the only course in a U.S. law school on funeral and cemetery law.
Tanya is a frequent speaker on topics related to commercial real estate law and funeral & cemetery law. She has or is scheduled to present at annual conventions of ICCFA, CANA, The New York State Association of Cemeteries and the North American Death Care Regulators Association. Tanya has published articles on the funeral industry and/or funeral and cemetery law and has been quoted in articles appearing in national publications including The New York Times, Time Magazine, NPR, The Boston Globe, The Washington Post and The Los Angeles Times.
She is the author of The Law of Human Remains (2015) and the co-author of Cemetery Law (2015).
Tanya is actively involved in the American Bar Association – Real Property Trust & Estate Law Section, a Fellow of the American College of Real Estate Lawyers, a member of the American Law Institute, and an Associate Reporter for the Restatement of Law (Fourth) of Property.
Harvard Law School, Cambridge, Massachusetts, 2000, J.D. (cum laude)
Indiana University, Bloomington, Indiana 1994, B.A.
Courts of Practice
- U.S. District Court – Southern and Northern Districts of Indiana, 2001
- U.S. Supreme Court, 2011
- American Bar Association – Real Property Trust & Estate Law Section
- Associate Reporter for the Restatement of Law (Fourth) of Property
- American College of Real Estate Lawyers
- American Law Institute
- American Bar Foundation
- National Funeral Directors Association
- International Cemetery, Cremation and Funeral Association
- A Fresh Look at Restrictive Covenants in Retail Leasing (with Sample Provisions), 32 Prac. Real Est. Law. 40 (March 2016).
- When Death and Dirt Collide: Legal & Property Interests in Burial Places, 30 Prob. & Prop. 59 (March/April 2016). A New Lease on Death, 49 Real Prop. Tr. & Est. L.J. 421 (2015).
- A Fresh Look at Restrictive Covenants in Retail Leasing, The ACREL Papers (Fall 2015).
- Transforming Lease Covenants into Real Covenants, 29 Prob. & Prop. 34 (Sept./Oct. 2015). Co-authored with Stefan Szwarc.
- Because of Winn-Dixie: The Common Law of Exclusive Use Covenants, 69 U. Miami L. Rev. 935 (2015).
- Reforming the Regulation of Community Banks After Dodd-Frank, 90 Ind. L.J. 180 (2015). Selected for the 2013 Community Banking in the 21st Century Research and Policy Conference, hosted by the Federal Reserve System and the Conference of State Bank Supervisors.
- Ebola, Embalming, and The Dead: Controlling the Spread of Infectious Disease, 2 Wake Forest L. Rev. Common Law 101 (2014).
- Rethinking the Law of the Dead, 48 Wake Forest L. Rev. 1327 (2013).
- The Impact of Dodd-Frank on Community Banks, American Enterprise Institute white paper (2013). Co-authored with Joseph Norman.
- Too Big to Fail versus Too Small to Notice: Addressing the Commercial Real Estate Debt Crisis, 63 Ala. L. Rev. 321 (2012). Selected for the 2012 C-LEAF Junior Faculty Business and Financial Law Workshop.
- Foreclosures and the Failure of the American Land Title Recording System, 111 Colum. L. Rev. Sidebar 19 (2011).
- Sometimes Blackacre IS a Widget: Rethinking Commercial Real Estate Contract Remedies 88 Neb. L. Rev. 635 (2010).
- The Law of Human Remains (Lawyers & Judges Publishing Company, Inc., 2015).
- Cemetery Law: The Common Law of Burying Grounds in the United States (God’s Acre Publishing, 2015). Co-authored with Daniel Gibson.
- Disposition of Human Remains: A Legal Research Guide (William S. Hein & Company, 2016).
Selected Recent Presentations
- Purchase and Sale Agreements: Conditions vs. Covenants; Reps and Warranties; and Setting Floors and Caps for Breaches and Reps and Warranties, 2016 International Council of Shopping Centers (ICSC) Shopping Center Law Conference, Ft. Lauderdale, Florida (scheduled—October 26-29, 2016).
- Commercial Leasing, 2016 Real Property Specialization “Prep” Program, North Carolina Bar Association, Cary, North Carolina (September 23, 2016).
- Recent Developments in Cemetery Law, Annual Fall Conference, New York State Association of Cemeteries, Hershey, Pennsylvania (September 18-21, 2016).
- Who Owns our Dead: How the Long Arm of the Law Reaches into our Most Private Funeral Choices, Funeral Consumers Alliance Biennial Conference, Atlanta, Georgia (June 23-25, 2016).
- Commercial Leasing, Spring Symposium sponsored by the American Bar Association (ABA) Real Property Trust and Estate Law (RPTE) Section, Boston, MA (May 11, 2016)
- The Off-Broadway Tenant Coming to Your Center – How to Cast Medical Care Providers, Schools, and Other New Players in Your Shopping Center, 2015 ICSC Shopping Center Law Conference, Scottsdale, Arizona (October 30, 2015).
- “Can Your Lease Say You Can’t Do That”: Restrictive Covenants in Retail Leases, American College of Real Estate Lawyers (ACREL) Meeting, Baltimore, Maryland (October 23 & 24, 2015).
- Cemetery Law, ABA-RPTE Section, Professor’s Corner (September 9, 2015).
- Recent Developments in Real Estate Law: Interpreting and Enforcing Exclusive Use Covenants, 2015 Real Property Section Annual Meeting, North Carolina Bar Association, Pinehurst, North Carolina (April 9, 2015).
- Representing Small Businesses and Non-Profits in the Acquisition of Commercial Real Estate, Spring Symposium sponsored by the ABA RPTE Section, Washington, D.C. (April 29, 2015).
- Property and Pot: Issues at the Intersection of Property Law and the Legalization of Marijuana, ABA-RPTE Section, Professor’s Corner (December 10, 2014).
- Thinking Outside the “Box”: Health and Funeral Law Tenants in Retail Centers, 2014 ICSC Shopping Center Law Conference, Orlando, Florida (October 23, 2014).
- Law Professors’ Panel: Recent Developments in Property Law, Spring Symposium sponsored by the ABA RPTE Section, Chicago, Illinois (May 2, 2014).
- Danger! Are You Covered? Negotiating the Allocation of Risk in a Retail Lease, 2013 ICSC Shopping Center Law Conference, San Diego, California (October 17, 2013).
- Law Professors’ Panel: Recent Developments in Property Law, Spring Symposium sponsored by the ABA RPTE Section, Washington, D.C. (May 3, 2013).
- Unearthing the Law of Decedent Control of Their Remains, CLE sponsored by the Samuel Wait Legacy Society of Wake Forest University, Charlotte, North Carolina (January 31, 2013).
- An Insurance Presentation You Can Use: How to Write Insurance Specifications for a Shopping Center Lease, 2012 ICSC Shopping Center Law Conference, Orlando, Florida (October 25, 2012).
- Co-Planner (with Professor Harold Lloyd), Advanced Topics in Real Property, North Carolina Bar Association, Cary, North Carolina (October 5, 2012).
- Law Professors’ Panel: Recent Developments in Property Law, Spring Symposium sponsored by the ABA RPTE Section, New York, New York (May 4, 2012).
- Revisiting Commercial Real Estate Contract Remedies in Troubling Times, Spring Symposium sponsored by the ABA RPTE Section, Washington, D.C. (April 28, 2011).
- Basic Insurance Topics for Landlords and Tenants, 2010 ICSC Shopping Center Law Conference, Hollywood, Florida (November 3, 2010).
Civic & Community Involvement
Professor of Law at Wake Forest University in Winston-Salem, North Carolina