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Land Use and Real Estate Q & A
This section provides brief answers to questions you may have about
our services. Please see Resources
for substantive information related to your business or work.
How
can a land use attorney help my architect?
Deciphering land use codes can be a complex matter. Our land use attorneys
are thoroughly familiar with local codes, and have written many provisions
themselves. We apply legal principles of interpretation, and our in-depth
knowledge of court cases and administrative rulings. We thus combine
our expertise with the technical knowledge of your architect. In doing
so, we can spot and resolve issues before you submit for permits or
commit to a specific design.
We are also trained and skilled advocates. We provide advice to architects
on how best to present your project and point of view. Local government
staff and elected officials are well aware of our firm's considerable
reputation and experience.
How
does a land use attorney fit within my project team?
Our land use attorneys are very comfortable working with you and others
on the team to achieve your goals. Our role is a complementary one.
Each team member provides his or her own expertise. We find that our
role can be especially useful in identifying "due diligence" issues
for potential property purchases, developing the appropriate permit
strategy at the outset of a project, and helping to resolve issues that
emerge during the permit process. Of course, we are also there to assist
in any appeals or litigation.
What
should I bring to my first meeting with you to discuss land use issues?
The type of information we need will vary based on the circumstances.
However, we find that we can use our initial meeting most productively
if you bring the following information with you:
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Location of the property, including address
and maps.
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Information regarding the physical characteristics
and existing conditions of the property, including, for example,
site plans, photographs, topographic or sensitive area maps, and environmental
studies.
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Copies of title documents, including surveys,
title reports, easements, or leases.
Information about proposed uses, including,
for example, site plans, architectural profiles, elevations, and other
drawings, proposed signs, and technical specifications for unusual
uses.
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Copies of past approvals and permits, with
relevant conditions.
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Copies of pending applications for approvals
or permits, or other communication with agencies having jurisdiction
over the proposal.
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Schedules and other timing considerations.
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Financing information, including legal entities
involved in the proposal, financing requirements, liens, and tax records
relevant to the proposed use.
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Information regarding neighbors and community organizations
with a potential interest in the proposal.
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I
already have a real estate broker assisting me with my commercial property
purchase. Do I need to see an attorney?
Real estate brokers and agents specialize in finding buyers and sellers
of property and putting them together for successful transactions. They
are also attuned to market conditions and can help you receive or pay
a fair value. However, real estate brokers and agents are not allowed
to practice law and generally cannot provide you the advice you need
for structuring commercial real estate transactions, drafting and negotiating
necessary documents, reviewing title issues, and protecting your legal
interests in connection with properties that you buy and sell. These
are jobs for an attorney. Our Real Estate attorneys face these issues
every day. It is usually better to work with an experienced attorney
from the beginning of the transaction rather than after problems have
arisen.
The
real estate agent I am working with has found space that I would like
to lease for my business. The agent says that the landlord uses a standard
form lease. Do I need an attorney to review it?
We certainly recommend it. And not because of self-interest, but because
of your interests that are at stake. You should be certain that you
have competent advice on any legal document you sign, including leases.
By definition, standard forms cannot address the many non-standard
issues that arise in transactions. While an agent can advise you as
to the business terms of your deal, a knowledgeable agent will usually
suggest that you have your attorney review the actual terms of the lease
to be sure that your interests are protected. For example, rent is not
the only cost under a lease and generally, no matter how standard the
form appears, there are points that can be negotiated, which over the
term of a lease, can save you money. Our Real Estate attorneys routinely
draft leases for both landlords and tenants and can help you assure
that the lease accurately reflects the agreed business terms, and that
costs and liability are fairly allocated. The money you spend now for
an attorney to review your lease can help you avoid unexpected costs
that may arise during the term of the lease.
What
is your approach to legal fees?
Although our client list includes many large companies, we frequently
work with individuals, families, small developers or community groups.
We are very sensitive to costs. We staff matters appropriately, working
closely with clients to determine what part of a project they want us
to handle and what part they can appropriately handle themselves, and
we make extensive use of skilled paralegals. Sometimes you need just
a little advice. We can provide that and help you chart the path to
follow. Because of our considerable expertise and years of experience,
we provide that advice in a very cost-effective manner.
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