Real Estate and Land Use

The Real Estate and Land Use practice at Potter Anderson & Corroon includes representation of various parties in real estate acquisition and development activities as well as the representation of various parties in land use and zoning matters, including appearances before courts, boards of adjustment, planning and zoning commissions and legislative bodies.  The group also provides support in regard to environmental law and litigation matters.  Potter Anderson & Corroon represents both small and large, private and public entities in all aspects of real estate transfer and development activities including:  purchase and sale of commercial properties and hotels; initial real property assessment for potential development and/or legal suitability for a particular use; initial zoning and other land use review; environmental issue review and counsel, including threshold permitting issues (such as prohibited uses under Delaware's Coastal Zone Act), Phase I audit and environmental baseline condition issues, environmental permitting (including Delaware Coastal Zone Act, air, storm, water, subaqueous lands), and voluntary cleanup plans and development of brownfields possibilities; due diligence and contract negotiation for environmental issues in mergers and acquisitions; acquisition entity structure review; negotiation of environmental consultant scope of work and contracts; negotiation and documentation of real estate transfer documentation, including purchase and sale agreements, ground leases, triple net leases, space leases, easements, sale-leaseback documents and a variety of other real property transfer and development documentation; assessment of real property transfer tax issues; negotiation and documentation of mortgage financings; and title review, and issuance of title insurance.

In addition, the attorneys in Potter Anderson & Corroon's Real Estate and Land Use practice have extensive experience in such aspects of real property as ad valorem taxation, condemnation proceedings, adverse possession, title questions, and the enforcement of easements.