Utah Valley Commercial Real EstateБs Strongest Legal Ally
We handle many commercial real estate matters, including: Contract disputes Б 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 Б We represent developers, property owners and contractors in obtaining, removing or foreclosing on,. Purchase and sale Б 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 Б 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 Б Commercial landlords and tenants have specific бrights 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.
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 partiesБ 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.
Ourб бfile 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 actionБs filing. There are two kinds of partition: Partition in kind Б 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 Б 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. 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 Бreasonable duration. Б 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-tenantsБ 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.
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. 623. 6096 or бto see how we can help your commercial real estate endeavor successfully navigate UtahБs ever-competitive business and ever-complex legal environments.