REAL ESTATE & LAND USE ISSUES

There are many facets to real estate and land use that may require legal assistance; including zoning issues. Our firm regularly advises municipalities and counties on land use issues and handles zoning, subdivision, and board of adjustment matters on behalf of property owners and developers. We also assist commercial and residential developers in obtaining or opposing local government decisions relating to zoning, permitting, variances, annexations, special use permits, site plan approval, subdivisions, and road closings. Not only have our attorneys dealt with numerous zoning cases, they have also experienced zoning issues themselves as the Raleigh area continues to grow and change.

i. Zoning. Zoning laws are government controlled restrictions on how land in particular areas may be used. Land zones can be categorized as housing, financial, or industrial. Zoning laws are formed so that people can buy houses in residential areas and not have to deal with a loud or polluting factory next door to them.

ii. Contracts. If a piece of property is sold and there is any contamination found, even if the contamination did not occur while you owned the property, you could be found liable because your name has been on the chain of title. Prudent sellers will place language within the land sale contract preventing them from liability from such if contamination is found after they have sold it. Our attorneys are well versed in land sale contracts, and can help protect you from being found liable for contamination that is not your fault.

iii. Risk Allocation. The increased risk of environmental liabilities accompanying a property must be taken into consideration of purchasers and sellers of financially troubled real estate. Those environmental risks may negatively affect the property value, damage revenue-generating possibilities, and create liability for purchasers in the future. Attorneys who draft real estate purchase agreements must prudently assess all environmental risks, known and presently unknown, to diminish the possibility of future liability. Our attorneys at the Law Offices of F. Bryan Brice, Jr., know precisely how to construct real estate purchase agreements that take into account environmental risks and can help you to avoid and minimize future liability.

For more information please call (919) 754-1600 or email us.