Real Estate Law

Our practice group has extensive experience in a wide variety of commercial real estate matters — ranging from real estate development and financing to economic incentives and lease negotiations.

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We pride ourselves on being able to handle all aspects of land development, financing, acquisitions and dispositions with the ease and expertise of larger firms, but with the time and cost efficiencies of a smaller, well-trained team.

Our real property attorneys advise clients on projects ranging from shopping centers and industrial parks to condominiums and residential subdivisions, as well as multi-use developments. We are also able to guide clients through the often convoluted economic incentive process. We have attorneys licensed in North Carolina, South Carolina and Florida, but we are able to advise our clients on projects throughout the United States with the assistance of local counsel.

We focus on the details and challenges that developers can face on new projects, and have significant experience working with business, government and citizen groups on zoning and land use matters. We frequently appear before local legislative and quasi-judicial bodies including planning boards, historic commissions and boards of adjustment for rezonings, special and conditional use permits, ordinance amendments, and appeals from regulatory decisions.

Our attorneys are adept at negotiating, drafting and interpreting office, retail, industrial and ground leases for landlords or tenants. Beyond real estate development, we pride ourselves on providing our clients with guidance for related issues that may arise, including environmental matters, construction contracts, lien disputes and real estate related litigation.

We understand the ever-changing world of commercial real estate financing and our team can consult and advise you on the negotiation and documentation of traditional acquisition and construction financing, including loans, joint ventures, syndicated partnerships, sale/leasebacks and participating loans, securitized debt offerings, real estate investment trusts, and ground leasing. Our practice works seamlessly with the Bell, Davis & Pitt corporate team to ensure that all aspects of the organizational, finance, and development documentation for your real estate project come together in a cost-effective and timely manner.

Our services include: 

  • Acquisitions and Dispositions of developed and undeveloped real property, including negotiation of purchase contracts and managing real property due diligence review, such as title, survey, and environmental analysis

  • Drafting and negotiating leases of all kinds on behalf of landlords and tenants: industrial, warehouse, office, retail, and ground leases, with detailed attention to complex issues such as build out costs, operation expense pass-through and timeline concerns

  • Preparing and negotiating construction and engineering contracts, and handling mechanical lien filings

  • Drafting and negotiating all forms of land use easements including: temporary construction easements, encroachment easements, utility easements, and conservation easements

  • Large volume lease review for corporate clients contemplating mergers and acquisitions

  • Resolution of permitting, land use, and zoning issues that often arise for new developments

  • Negotiating and drafting agreements for State and local government incentives

  • Drafting declarations and restrictive covenants for commercial, residential and multi-use developments, including negotiation of maintenance rights and expense issues

  • Litigating a range of real property matters such as condemnations, foreclosures, contract disputes, land use, landlord/tenant leasing disputes, boundary issues, and creditor/investor disputes

  • Drafting and negotiating organizational and investment documentation for simple and complex entities, with a focus on maximizing of tax benefits

  • Preparation of various other real property related documentation, including: Subordination, Attornment and Non-disturbance Agreements, Commission Agreements, Management Agreements, Assignments of Leases, Assignments of Contracts, Franchise Agreements, License Agreements

  • Handling real and personal property tax appeals across the state and in front of the North Carolina Property Tax Commission

  • Managing like kind exchanges/1031 Exchanges for clients, including reverse like kind exchanges

  • Drafting documentation for planned communities and condominium developments, and amending existing documentation

 

We've worked through a number of real estate deals and creation of operating agreements with Bell, Davis & Pitt and it has been a consistently positive experience.  The Real Estate team has been efficient and thorough in all of our contract negotiations and due diligence work. They are exceptional at keeping major milestones on our horizon, which has saved us from missing items on multiple occasions.  In working through all aspects of our business, their response time has been outstanding and their attentiveness to our needs has made it a true pleasure to include them as a part of our development team.

Paul Williams, The Arden Group and GEMCAP Companies