areas-of-practice (2K)

Real Estate Transactions

Buying and selling real estate in today's world and with today's valuable properties is serious business. GSK provides legal advice for all facets of the real estate transaction to ensure that buyers and sellers have clear advice and can make the best decisions.

Title and Boundary Questions. Our help for many clients includes reviewing preliminary title reports and referenced documents, which is an important part of every real estate transaction. Plat conditions, easements, CCRs, and other matters of record may affect the desirability or development potential of property.

Obtaining a boundary survey before purchase is highly recommended for many properties that are not part of an urban residential subdivision platted after the mid-1960s. Waterfront and rural properties in particular may have boundary issues due to placement of fences that do not correspond to platted lines.

The recorded Covenants, Conditions, and Restrictions may severely constrain the development potential of property or otherwise impact property values. View covenants, height restrictions, covenants against subdivision, and other rules must be carefully considered in light of client needs and intended purpose for the property.

Easements, Shared Private Roads, Maintenance Agreements, Common Areas. The best time to review and get a clear understanding of these matters is before closing. Easements or maintenance agreements can be re-written to clarify the duties and responsibilities of the parties. Easements can be written or interpreted for access, utilities such as sewer and water, beach access, and many other matters.

Development Potential. Whether seeking to expand a home or subdivide land, buyers purchasing property with changes in mind need to carefully understand the applicable land use regulations. Environmental concerns related to steep slopes, stream setbacks, wetlands, and other matters are increasingly important. Seemingly harmless remodeling and expansion projects can be derailed by these rules or by unique local requirements related to floor area ratios, impervious surfaces, height restrictions, setbacks and other requirements.

Purchase and Sale Agreements. Buyers and sellers of property for development purposes often require legal advice. Delayed closings, take down schedules, carry back financing, boundary line adjustments, easements, and numerous other issues create unique legal concerns for buyers and sellers. Even standard home purchases can generate legal questions, especially if the above issues are involved.