Real Estate and Land Use

Capehart Scatchard’s Real Estate Practice handles a wide range of real estate matters including sales and acquisitions, development and land use, financings, leasing and operations, workouts and litigation. We represent a broad spectrum of clients which include owners, developers, lenders, landlords and tenants, public entities, and nonprofit organizations in New Jersey and beyond.

We are better able to service clients with real estate needs by drawing from our Firm’s experience in other disciplines such as construction, environmental regulation, land use planning and zoning, corporate and partnership transactions, and litigation.

Legal Services

Traditional Services

Members of the Real Estate Practice have extensive experience handling traditional real estate services such as the preparation and negotiation of contracts, leases, joint ventures, partnership and related agreements, land use, eminent domain, restructurings, easements, title issues, zoning and the approvals process. We take an active role in representing our clients before planning and zoning boards and commissions in area townships and municipalities to ensure our clients’ interests are represented and the optimum results achieved. Our real estate attorneys are involved in sales and commercial leasing transactions concerning commercial, industrial, retail, banking, and local entities. Practice attorneys provide services to insurance companies, automotive, manufacturing, chemical, automotive, glass, construction and development companies, banks, schools and universities, institutional lenders, and businesses and corporations of various types and sizes.

Development and Land Use

Capehart Scatchard real estate lawyers have counseled owners, developers, and financial institutions in the applicable federal, state, county, and local laws and regulations, relating to development, and have assisted them in obtaining governmental approvals involving zoning, site plan, subdivision, soil conservation, NJ Departments of Environmental Protection or Transportation, the Pinelands, enforcement actions, historic preservation, accessibility as well as regulatory and litigation issues. We represent owners, developers, and tenants in obtaining building permit approvals, as well as in securing tax assessment reductions and abatements. Practice attorneys handle all aspects of zoning and land use, variances and special exceptions, zoning code compliance and appeals. Our real estate attorneys have been retained to assist clients in licensure issuance and code compliance matters, and condemnation claims.

Sales and Acquisitions

We are involved in all stages of real estate sales, from the negotiation of the Agreement of Sale to financing, due diligence, to closing. We also assist our clients in negotiating, drafting and structuring office, industrial, retail and other types of leases on behalf of both landlords and tenants.

Construction

Our real estate attorneys have represented owners, contractors, and developers in negotiating and executing construction documentation in a variety of construction projects. We take an interdisciplinary approach by consulting with our construction lawyers to avoid disputes or our Litigation Department to handle construction-related matters when litigation becomes necessary.

Environmental

Most, if not all, real estate transactions require some type of environmental consideration. Our Real Estate and Environmental Practices work closely together to protect buyers, sellers, tenants, and lenders from environmental risk. We offer advice to clients concerning compliance with environmental regulations, permitting and operations, as well as issues surrounding the detection, effect and cleanup of contamination, both during operation and at the time of sale or acquisition. Our attorneys provide counsel in areas of environmental concern such as compliance with the Industrial Site Recovery Act (“ISRA”) and wetlands issues, water quality problems, and natural resource claims.

Financing

A portion of our practice has involved representing lenders, both institutional and otherwise in negotiating and documenting real estate financing transactions.

Zoning and Permit Approvals

We represent owners, developers, and tenants in land use matters and in securing tax assessment reductions and abatements. Practice attorneys handle all aspects of zoning and land use, including building permits, variances and special exceptions, zoning code compliance and appeals. Our real estate attorneys have been repeatedly retained to assist clients in licensure issuance and code compliance matters, and condemnation claims.

Real Estate Litigation

Capehart Scatchard’s Real Estate Practice attorneys work closely with our Litigation Department to handle real estate-related litigation, including prosecuting and defending claims for specific performance, land use issues, contract disputes, construction matters, lenders’ liability, title defects, and environmental contamination claims to ensure the best possible result for our clients.

Workouts

Our Real Estate Practice draws upon the broad knowledge of our bankruptcy attorneys to successfully handle workouts, evictions, problem loans, negotiations with debtors and lenders, loan restructurings, and mortgage foreclosures.

Representative Matters

Some of our representative matters include:

  • Represent various clients in all aspects of real estate matters, including commercial, office and shopping center leases, purchase and sale of residential, commercial, and industrial real estate and title issues.
  • Represent residential and commercial developers in zoning and land use issues.
  • Represent landowners and prospective landowners with respect to state and federal environmental compliance issues.
  • Represent shopping center before local planning board in connection with expansion and upgrade of shopping center, relocation of existing tenants and negotiations of new tenant leases.