Residential and Commercial Real Estate
We assist clients in residential and commercial real estate matters, including purchase and sale agreements, easements and boundary disputes, eminent domain cases, landlord/tenant issues and zoning, planning and environmental issues.
Real Estate Purchases and Sales
Purchasing or selling residential or commercial real estate can be a complex and stressful process. Sellers strive to obtain a fair price while meeting all disclosure requirements and protecting themselves from post-sale disputes. Buyers must research the property, including title documents and the soundness of the land and structures, secure financing and protect their own interests. The parties negotiate all aspects of the purchase agreement, including closing dates, required improvements and any use restrictions. Commercial property owners must also consider tenant issues and current leases. It is important for both buyers and sellers to retain an attorney who is experienced in drafting and reviewing all the necessary real estate documents, including purchase and sales agreements, deeds, leases, insurance contracts and loan and mortgage documents.
Zoning, Planning & Environmental Issues
Contractors, developers and owners are required to comply with both federal and state environmental laws and local zoning and planning regulations. Zoning and environmental regulations can effectively put a halt to a planned development project, costing those involved a significant amount of time and money. When planning a development or construction project, it is important to consult with attorneys who are knowledgeable about the many laws and have experience appearing before local government agencies to obtain the necessary permits and variances.
Easements & Boundary Disputes
Boundary disputes are common among neighbors and include improvements built over property lines (such as fences or pools), which impede on another's use and enjoyment of property, and roads or utilities that cross over neighboring properties. In some situations, a neighbor may acquire a "prescriptive easement" for a road, power line or other necessity because they have always had use of the land for that purpose or because their property is otherwise "landlocked," or they may have been granted an easement in a recorded deed. Another type of boundary dispute involves adverse possession, which occurs when a person claims they acquired actual ownership of a property by using it as if they were the owner continuously for the statutorily required period of time. Adverse possession, like a prescriptive easement, requires the possessor to meet specific requirements before gaining legal ownership. If the legal requirements are not met, the person occupying a property may be a mere trespasser. We can help clients determine and protect their property rights.
Eminent domain issues involve the government's power to seize private property for the public good versus Arizona's constitutional protection against taking private property for private use. When the government takes property by eminent domain it must pay the owner the property's fair market value. Eminent domain cases have proved especially controversial in Arizona and involve disputes over property values, including the correct date of valuation, and whether or not the government's use of a property is in fact for the public good or is a private use. Retaining competent counsel is essential to protecting your interests and property rights. Our firm has experience dealing with government agencies and can effectively represent you.
Landlord & Tenant Issues
We represent clients in landlord/tenant issues involving commercial and residential leases. We can help negotiate, draft and review leases to protect our client's issues, or assist in disputes. Landlord/tenant disputes and claims of lease violations can arise in many situations, including:
- Breach of Lease
- Tenant Claims of Constructive Eviction
- Eviction Issues
- Holdover Tenants or Unlawful Possession
- Non-payment of Rent
- Property Maintenance and Regulation Compliance
Seek Legal Representation to Protect Your Interests
Real estate disputes are often contentious and can involve many parties ith competing interests. If you need legal representation in a real estate dispute, contact us today.