The Real Estate & Land Use Planning Practice Section has significant experience in all aspects of the purchase or sale, financing, development, and management of real property, and rights essential to the use and enjoyment of that property. We provide clients with seasoned advice and assistance from early negotiation, through drafting and review of written agreements, to preparation and review of final closing documents and supervision of closings. Whether the property is a single-family residence, a major commercial property, or agricultural in nature, our attorneys give careful attention to critical issues involved in the purchase and ownership of property. Such issues include rights-of-way, easements, environmental concerns, compliance with planning, zoning and municipal requirements, water rights, mineral rights, leases, rental agreements or other occupancy issues, title issues, and related matters.

We have the experience to handle any type of real estate matter. Examples of real estate projects include the purchase, financing, development, management, or sale of residential properties, subdivisions, multi-family housing, condominium and apartment projects, office buildings, medical office buildings, regional shopping malls, retail strip shopping centers, grocery stores, warehouse facilities, agricultural properties, and single purpose projects.

Representation of lending institutions includes preparation and negotiation of construction and permanent loan commitment letters, preparation and negotiation of construction and permanent loans, including preparation of loan documentation, examination of leases, surveys, environmental assessments, title commitments, easements, and restrictive covenants.

Additionally, we have acted in workout arrangements for troubled loans, including extensive experience in both power of sale and judicial foreclosures, negotiating and drafting workout agreements, examining foreclosure reports, preparing all notices and filings, conducting foreclosure sales, preparing required deeds or transfers, handling litigation and issues related to deficiency judgments against borrowers or guarantors, and all matters related to amendment, modification, or administration of existing loan portfolios.

We represent local and national clients in transactions involving properties located outside the state of Utah. We take the lead in coordinating the transactions and preparing documentation, review and examination of title reports and related documents, lease review, and all closing matters.

Purchase and Sale Transactions

• Negotiations
• Drafting agreement preparation
• Closing

Project Development

• Conceptual
• Leasing
• Covenants, conditions and easements
• Commercial/residential/condominium

Financing

• Loan documentation
• Closing
• Enforcement

Property Rights

• Boundary line disputes
• Easements
• Litigation
• Landlord/tenant disputes
• Title issues and disputes

Associated Food Stores, Inc., Farm Management Company, Craig Gasser & Associates, Inc., Harmon City, Inc., Heritage Care Centers, Inc., Market Development, Inc., Property Reserve, Inc., Ralph L. Wadsworth Construction Co., Inc., SLI Commercial Real Estate Co., The Church of Jesus Christ of Latter-day Saints, Utah Industrial Depot, Zions Securities Corp.