Real Estate & Land Use

Owning and selling land and using it for your home, residence, vacation home, investment, future equity cash value for estate planning for your family members and for your business and livelihood is what we do. LOCATION X3 & TIMING X100. 

We have had experiences with purchases, sales, developing land, financing with banks, financial institutions, trusts, IRAs, and many other aspects of these transactions. 

We have been on the side of developers and opposite homeowners over the years, and know firsthand that these real estate transactions can easily devolve into disputes. 

We have been on the side of prospective homeowners and neighbors dealing against developers over the years, and know firsthand how these situations often are like David vs. Goliath and yet we find ways to help get results others never imagined. THE ZACKSLAWFIRM.BIZ.COM.US

We appreciate that real estate invokes the idea that owning something like land is really a ‘bundle of rights' and specific rights can be separated from the bundle, some being kept, and some being sold and monetized.

We appreciate the archaic descriptions and history of land acquisition from a land survey and title perspective. We know that in theory your own all mineral rights below ground to some undetermined point within planet Earth and into the heavens until you hit a boundary under an international norm, conventions or sovereign states' military or economic concerns.

We know the difference between a rental agreement, a leasehold, a license to use, assignment of easements rights, mineral rights, water rights, air rights and a general warranty deed, a limited warranty deed, a quit-claim deed, and a fiduciary deed, and why these differences are material to your transaction, now and possibly in the future. 

We know that land policies are always evolving and often began out of practical resources and topographical features of the land itself, surrounding land or local politics. We also understand water rights aka riparian rights are important to making land useable by people for work, fun, pleasure, and daily life. 

We recognize that most buyers first interest in land or homes occurs as a place to live or work, which are part of life cycle events. These situations involve real estate agents, their assistants, realtor companies, brokers, and new and evolving Internet versions of these firms, who are highly skilled at market assessments, algorithmic analysis and helping people work through the emotional realities of choosing a home for your family or your business or simply as an investment. We know that most people even stoic people get emotional in these situations.

We welcome working with realtors because realtors and brokers perform a valuable and necessary role in the transaction. Realtors often times are more familiar with a particular property public history and market desirability in specific real estate markets and neighborhoods on a real-time basis.  We work beside realtors, title companies, contractors, experts, appraisers, inspectors to get deals done and to eliminate as much as possible future beliefs that one side or the other misrepresented a key condition or an attribute of the property. The key is helping you get what you desire.

We understand that appraisers and financial underwriters, follow various guidelines set internally and externally by primary and secondary market and financing paper, and vary from location to location based on physical security, collateral, security interest, lien rights, mechanics liens and other risks assessments that often time are not specific to who you are and what your unique situation is to a particular acquisition of a tax-advantaged transaction. 

Because of our business and F.A.T. ™ finance backgrounds, we appreciate how tax, finance and accounting considerations can make or break a purchase or a sale, and how timing the transaction alone can save you cool hard cash in your pocket today and in the future. 

Real Estate & Land Use Litigation.

We have litigated construction disputes, purchase or sale breaches of real estate contracts, warranty claims, environmental claims, performance breaches, fraudulent representations claims, claims for and against realtors and brokers, licensure matters for professionals involved in real estate transactions, title insurance concerns, and land use disputes, among other serious and practical problems that arise. It is common for us to hear that other attorneys or professionals felt this problem had no practical solution, and yet we have carved out such a solution from the bundle of real estate rights and interests that meets our clients' objectives by re-envisioning a transaction.

We have handled zoning matters, water and sewer disputes, and governmental takings of land by eminent domain or condemnation proceedings by public authorities. We have had courts forced governmental entities to apply their zoning and building codes to honor the zoning and use restrictions that enable projects to occur for owners or to compensate developers and landowners who lost valuable rights because politicians ignored those rights. 

We have become involved in appeals of land values, court challenges and decisions, administrative decisions, probate court decisions, environmental and referendum actions. We have filed and successfully litigated prohibition and extraordinary writs to assist our clients or worked as part of other attorneys' teams to effectuate positive outcomes in difficult circumstances for our clients and their team members. 

Consider that when you are engaging in what is a life or business impacting the decision to sell, acquire or lease space or land, that we may counsel you so you can even the playing field and get what you want, or at least understand what the parts are you truly want and need, rather than paying for what you did not need but was what the other party wanted you to purchase or sell.