Real Estate Acquisition and Development

Kelly Hart’s Real Estate attorneys have extensive experience representing both developers and investors in acquiring and developing real estate. Consequently, our know-how extends beyond negotiating acquisition agreements. We also analyze entitlements, regulations, third-party liability issues, and environmental matters, and we coordinate a comprehensive due diligence review. We can assist with:

  • land assemblage
  • title and survey review
  • public development entitlements and regulation
  • private land-use restrictions
  • architectural controls
  • water rights
  • oil, gas, and mineral rights and related surface-use issues
  • property taxes and exemptions
  • tax-increment financing and other development incentive agreements
  • tax abatements
  • lease review
  • property management agreements
  • service agreements
  • environmental conditions and abatement (including municipal setting designations)
  • other regulatory matters (such as the applicability of the Americans with Disabilities Act)

In addition, we routinely draft and negotiate development documents, such as reciprocal easement agreements, development covenants, community facilities agreements, signage agreements, access and utility easements, condominium declarations, and instruments creating and governing property owners’ associations.