Real Estate Law Practice

Our real estate practice group is experienced, efficient, and effective in handling a wide variety of real estate transactions and disputes. Our real estate clients include commercial property owners and lessors, large and small landowners, title companies, banks and other real estate lenders, real estate lienholders, and real estate investors. Additionally, Richards Brandt has one of the leading Construction Industry Services Practice Groups in the State of Utah, enabling us to provide strategic advice and guidance on all aspects of real estate development and real estate related projects.

Commercial and Residential Real Estate Sales and Purchases

Whether involving commercial real estate or residential real estate, the sale and purchase of property is a major transaction for a business or individual. Even though many of these transactions are now documented with standard forms, each real estate purchase contract is unique and imposes specific obligations and deadlines on both the buyer and seller, including, but not limited to, financing deadlines, inspection or due diligence deadlines, and disclosure requirements.

The attorneys in our real estate practice group are experienced in representing both buyers and sellers of commercial and residential real estate. We can provide a wide range of services, ranging from to preparing and negotiating purchase and sale agreements in more complex transactions to reviewing purchase contracts for single property transactions to ensuring contractual rights are enforced and your interests are protected according to the terms of the contract if issues arise prior to, or after, closing.

Commercial Leases And Subleases

Commercial leases and subleases include the leasing of retail space, office space, industrial space, warehouse space, and land leases. The lease is a contract that sets forth the respective rights of the lessor and the lessee. In addition to such things as the amount of rent and the duration of the lease, a lease will spell out which party is responsible for insurance, maintenance, repairs, etc. and the rights and obligations of the parties in case of unexpected events.

Whether preparing to lease land, a building, or space in a building, or preparing to sign a lease, the advice of one the attorneys in our real estate practice group will ensure that you are protecting your interests. And, in those cases where a lease has been breached or needs to be breached, our experienced attorneys can guide and represent you to protect the interests of you, your business, or your investment.

Mortgages, Trust Deeds, and Foreclosures

Real estate financing is integral to the purchase, sale, and development of real property. Whether a residential mortgage or a commercial mortgage, understanding the terms and conditions of that financing is crucial. Similarly, for parties interested in providing private mortgages as an investment, proper documentation and compliance with state and federal laws is critical.

Finally, when circumstances change and a party is behind on or defaults on a mortgage, legal advice is essential, as the foreclosure process is heavily regulated. Let one of our experienced attorneys assist you to ensure your interests are protected whether you are obtaining or providing a mortgage or are dealing with a default or foreclosure.

Eminent Domain and Condemnation Disputes

The Constitution provides that the government, and sometimes even private parties such as railroads and others, can take private property for a public purpose, provided adequate compensation is provided. For landowners facing an eminent domain action or whose property has been effectively taken through restrictive ordinances or legislation, knowing your rights can ensure that you receive just compensation for your property. Whether dealing with a local government entity, the State of Utah, or the U.S. government, or litigating to ensure just compensation is awarded, our attorneys have the experience, in and out of the courtroom, to assist you.

Access and Boundary Disputes

The single most important right of a property owner is the right of access. Without access, a property cannot be effectively used and loses its value. Similarly, one of the most common real estate issues property owners encounter are boundary disputes. Fences may not always follow property lines, or neighbors, intentionally or accidentally, may encroach upon your property. Our real estate attorneys have the experience and knowledge to assist you in these situations, whether it be through vindicating a right of access or negotiating a boundary agreement.

Title Disputes, Including Adverse Possession and Quiet Title Actions

The chain of title for any real property can often be a complex and a fascinating walk through the past. This is especially true in Utah, where title to many properties began as mining or grazing patents, and then rights were severed, reserved, or passed in part. Understanding this complicated web of recorded documents is critical in protecting or vindicating property rights. We have experienced and knowledgeable attorneys who understand the complex history of land and mineral rights in Utah and the laws that apply when more than one person claims ownership or rights to real property.

Title Insurance, Title Claims and Title Defense

Real estate is one of the most significant investments that individuals and businesses make. Title insurance protects your investments against claims that threaten ownership of real estate. Our attorneys have represented both title insurers defending title claims and property owners making claims against their title insurance. We understand title policies, as well as the claims and defenses that apply in title insurance disputes.

Easements

An easement is the right of one property owner or entity to use the property of another. Easements can be express, implied or prescriptive, and can run with the land or be limited in duration. Express easements are based on contracts or other writings and are recorded with county recorders. Implied easements arise through the operation of law, while prescriptive easements can only arise through use over a lengthy period of time. Whether you are the beneficiary of an easement or burdened by an easement, our real estate attorneys have the knowledge and experience to assist you when facing easement issues.

Covenants, Conditions, and Restrictions, and Other Land Use Issues

Covenants, conditions, and restrictions, or CC&R’s establish or limit what a property owner can or cannot do with their property. These often are imposed in connection with the development or real estate, or are part of the rules and regulations for condominiums or homeowners associations. Examples of CC&R’s are restrictions on the color you can paint your home to agreements to maintain your yard to certain standards.

Condominium and Planned Unit Development (PUD) Disputes, Formation, Management, and Disputes

More and more people live in master planned communities every year. Each community has its own set of rules, known as the covenants, conditions, and restrictions that govern what each property owner can and cannot do with their property. Violation of CC&R’s can lead to fines or more complicated disputes. Our real estate attorneys have experience representing homeowners associations and individual property owners in these complicated disputes.

Contact us directly to discuss your legal needs.

Property owners, lessors, lessees, buyers and sellers of real estate are encouraged to contact Richards Brandt online or call 801-531-2000 to arrange a consultation with one of our experienced lawyers. We are committed to serving individuals and business clients throughout the State of Utah.

 


Additional Resources

www.realestate.utah.gov