Real Property, Development and Real Estate Transactions

Our attorneys are available to assist clients in both residential and commercial transactions, development, and litigation, as well as representing HOA boards on various ongoing issues.

With extensive experience in all areas of real property law, our team of attorneys assist clients with the simple (closing a real property purchase or sale) to the complicated (developing a commercial property from start to finish).  We can assist with drafting and reviewing documents, required recordings, negotiation and assistance with negotiating, planning and zoning boards, financing, and leasing to tenants once the project is complete.  Examples of our services, though certainly not exclusive, are:

Real Property Development, both residential and commercial:

  • All aspects of permitting, subdivision, and land use;
  • Municipal and county planning and zoning issues, including representation at meetings;
  • Creation of HOA or COA, including filing creation documents with the Secretary of State;
  • Drafting restrictive covenants and HOA documents, including Declaration of Condominium, Bylaws, and other necessary documents;
  • Residential and commercial leases for both owners and tenants

Real Estate Transactions, both residential and commercial:

  • Negotiating, drafting and review of offers to purchase, options, etc. regarding real property;
  • Negotiating, drafting and review of leases;
  • Closing acquisitions and financing for residential and commercial properties in the tri-county area

Other real property issues:

  • Real estate and construction litigation;
  • HOA representation, and HOA disputes;
  • Condemnation proceedings;
  • Easement and boundary disputes;
  • Foreclosure issues.

Our Attorneys Who Focus in this Area:

Jeffrey P. Keeter • Christopher K. Behm • Colin J. Tarrant • Nathaniel H. Cook • J. Dickson McLean

Condemnation, Land Use, & Planning FAQs

What is the difference between eminent domain and land condemnation?

Eminent domain is the constitutional power to seize private property for public use, provided that the seizing agency pays just compensation to the property owner.

Land condemnation is the act of transferring title from a private owner to a state agency.

Can the State, County, City, Utilities or Other Entities take my Property?

Yes, in most instances; however, it is necessary that the seizing entity pays just compensation to the owner.

What constitutes “just compensation”?

Just compensation is based on the highest and best use of the land. Highest and best use is defined as the use of a property which will provide the greatest return to the owner, and is legally permitted, physically possible, economically feasible, and which will bring the greatest net return. This varies from current fair market value.

What do I do if my property is breaching a city or county ordinance?

You can apply for a variance from the proper municipality.

What are my options if my property is landlocked?

Obtain an easement, either by consent or necessity.

What are my options if my property is zoned for a different use?

You can request that the municipality rezone the property.

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