Real Estate Transactions
Real Estate Transactions
Our real estate transactions practice includes negotiating, and if necessary litigating, easements and leases of real estate, as well as the purchase and sale of real estate on behalf of our landowner clients.
Easements are most commonly associated with pipeline and power line rights-of-way, and are also commonly used for additional temporary work space for road projects. Easement agreements can also be formed between neighboring landowners or individuals or entities who both own certain rights in the same land. Examples of this include easements for vehicular access across another’s land. Unlike an outright sale of land, an easement conveys certain rights to use the land while the underlying ownership of the land is retained. The person who owns the land and grants easement rights to another is the “Grantor,” and the person being granted easement rights on the Grantor’s land is the “Grantee.” An easement creates a relationship between the Grantor and Grantee through their shared rights in the land for as long as the easement is in force. The details of this relationship, including the respective rights and obligations of the Grantor and Grantee, are defined by the easement contract between them. For this reason, it is important that the easement contract be well drafted and include terms that provide appropriate legal and practical protections and benefits. At GBSK, we have negotiated numerous easements on behalf of our clients with the goal of maximizing the protections and benefits in the contract terms, and the price paid for the easement rights.
Leases are conveyances of legal rights in land that, unlike easements, typically grant exclusive use or possession of those rights to the Grantee while ownership of the land is retained by the Grantor. Leases are commonly used to grant rights in minerals, including oil & gas leases, as well as exclusive surface rights for the long-term use of the land, including the installation of facilities such as cell towers, wind turbines, and operating businesses complete with building improvements. Similar to an easement, a lease creates a relationship between the Grantor and Grantee through their shared rights in the land for as long as the lease is in force. The details of this relationship, including the respective rights and obligations of the Grantor and Grantee, are defined by the lease contract between them. For this reason, it is important that the lease be well drafted and include terms that provide appropriate legal and practical protections and benefits. At GBSK, we have negotiated numerous leases on behalf of our clients with the goal of maximizing the protections and benefits in the contract terms, and the price paid for the lease rights.
Purchase and Sale Contracts convey ownership interests in land and building improvements. Whether the transaction involves the sale of a residence, vacant land, or developed land with building improvements, it is important that the contract be well drafted and include terms that provide appropriate legal and practical protections and benefits. At GBSK, we have negotiated numerous purchase and sale contracts, and purchase and sale options contracts, on behalf of our clients with the goal of maximizing the protections and benefits in the contract terms, and the price paid for the option, purchase or sale of property.
How We Help
When approached about an easement, lease, or purchase or sale of property, it is common for the landowner to focus most of their attention on monetary compensation. However, this is only one aspect of the real estate conveyance. We provide value to our clients through three distinct, interrelated services:
1. Obtaining Monetary Compensation – except in cases of eminent domain, the compensation to be paid for the conveyance is entirely the product of out-of-court negotiations. Once the party seeking to acquire rights in your land makes an offer or expresses an interest, we work with our clients and our extensive network of experts to fully evaluate the offer. If we conclude that the offer is too low, we negotiate diligently on your behalf to obtain higher compensation.
2. Negotiating Contractual Terms – We also negotiate diligently on our clients’ behalf for modifications to project plans, if applicable, and to obtain other contractual terms to protect our clients, mitigate the impacts of the conveyance, and in cases where the underlying ownership is retained, we work to protect the future uses and value of the land. At the commencement of our representation, we discuss with our clients what terms would be most beneficial, educate our clients on important additional terms that should be included, and then work diligently to obtain those terms through diligent negotiations.
3. Enforcing Contractual Terms – After the contractual terms are negotiated, we stand with our clients every step of the way to ensure that the other party to the contract complies with its duties and obligations under the contract. If the other party fails to meet their obligations, we assist our clients in taking the necessary enforcement action.
For more information on how GBSK can help with your real estate transaction, please click below for a free consultation: