Commercial Real Estate
Utah Valley Commercial Real Estate’s Strongest Legal Ally
Defending businesses’ rights in deals, transactions and development
Fillmore Spencer works with Utah Valley commercial real estate investors, owners, builders and developers to resolve issues in the financing and development of shopping centers, industrial projects, office buildings, warehouses, mixed-use developments, apartment developments and residential subdivisions. We provide comprehensive commercial real estate legal services, from the purchase of land and negotiations for interim and permanent financing on through to the development and leasing of property.
Strong knowledge of real estate finance, taxes and ownership issues
Our breadth of knowledge in financing, taxes, securities and the various forms of ownership means we are able to provide counsel and representation about various aspects of commercial real estate activity, such as:
We handle many commercial real estate matters, including:
- Contract disputes — Fillmore Spencer LLC brings considerable experience in resolving disputes concerning purchase agreements, lease agreements, construction contracts, development and commercial contracts and disclosure agreements.
- Construction liens — We represent developers, property owners and contractors in obtaining, removing or foreclosing on, mechanics’ liens.
- Purchase and sale — Our attorneys represent both buyers and sellers in all commercial real estate transactions. We examine and draft hand contracts and deeds, including warranty deeds and quitclaim deeds.
- Development and zoning — We help ensure development is in compliance with state and local development and zoning ordinances. We also represent parties who wish to challenge board decisions regarding real estate development and issues of eminent domain.
- Evictions — Commercial landlords and tenants have specific eviction rights and obligations under state and local laws. Our attorneys can help you enforce a lease agreement or defend your rights in the event of a breach.
Actions for partition
Commercial real property is often owned by multiple parties. Disagreements can arise over how to use or manage the property, whether to sell or develop the property or the parties’ respective degrees of ownership of the property. If these disputes cannot be resolved, Utah law provides that an action for partition of real property may be brought to divide the property among the owners.
If you have ownership rights in commercial real property, the best way to protect those rights is to retain legal counsel at Fillmore Spencer. Our real estate attorneys file a lis pendens with the county recorder in the county where the property is located and ensure that all parties holding a recorded interest in or lien on the property are advised of the action’s filing. There are two kinds of partition:
- Partition in kind — Also known as an actual partition, a partition in kind severs the individual interest of each joint owner, with each owner winding up with a piece of the real property.
- Partition by sale — Also known as partition by licitation or partition by succession, a partition by sale orders the entire property be sold and proceeds divided equitably among the owners.
Deferring a partition action
Partition in kind is easiest to effect when the real property in question is undeveloped. In cases where the property is developed, partition by sale is a resolution favored by Utah courts.
In certain situations, it may be possible to defer a partition action for a “reasonable duration.” For instance, a co-tenant may have agreed in writing not to partition, or may have obtained title through an instrument that included a non-partition agreement. In this case, the co-tenants’ subsequent decision to request an action for partition might be successfully delayed, but not indefinitely. Utah courts generally do not like to not enforce an agreement that restricts the right to partition for an unreasonable amount of time.
Of course, co-tenants may agree to partition their ownership rights and divide the property. A partition will generally be enforced unless it adversely affects the rights of another person. And if all owners don’t agree to the partition, a lawsuit may be filed. A compulsory (court-ordered) partition will consider legal principles such as statutory limitations, laches (charging undue delay) and public policy.
Big investments deserve big-time legal representation
Commercial real estate protects can pay off handsomely because of the risk they assume. To limit your risks, go with an experienced commercial real estate attorney who can ensure all your legal needs are met and your rights protected and defended. Call Fillmore Spencer LLC at (801) 426-8200 or contact us online to see how we can help your commercial real estate endeavor successfully navigate Utah’s ever-competitive business and ever-complex legal environments.