Contacts
Austin D. Hart Molly K. Lebowitz
Practice Profile
Our Real Estate Group advises a wide variety of clients in connection with the acquisition, development, use, sale and financing of real estate. We represent real estate developers, owners, financiers and investors in a variety of real estate projects, including commercial office buildings, retail shopping centers, residential developments, institutional campuses, mixed residential/recreational/commercial developments and conserved lands.
Areas of Concentration
Our Real Estate practice includes the following areas of concentration:
- Acquisition, Sale, Leasing
We have extensive experience representing buyers, sellers, landlords, tenants, and lenders in a wide variety of transactions involving the conveyancing of both commercial and residential real estate. We assist clients by preparing necessary conveyancing documentation, reviewing special tax issues related to the transfer of real estate, and conducting reviews of title and permitting issues. Attorneys in the Real Estate Group are approved attorneys for Lawyers Title Insurance, First American Title Insurance, Stewart Title Guaranty and Vermont Attorneys Title Corporation. The Real Estate Group includes experienced legal assistants that permit us to handle complex real estate transactions promptly and efficiently.
Permitting; Land Use Regulation
The firm has special expertise in the requirements of Vermont's rigorous local and state land use, zoning, and environmental laws, including Act 250, Vermont's comprehensive statewide land use control law. We have represented both applicants and interested parties in administrative proceedings before various municipal planning commissions and zoning boards, district environmental commissions and the Environmental Board (Act 250), and the various state agencies that permit and regulate the ownership and use of land, including the Vermont Agency of Natural Resources.
Financing
As part of our banking practice, we are extensively involved in commercial real estate financing. The firm has represented both borrowers and lenders in the financing of commercial and residential real estate projects.
Development
In representing both owners and lenders, we have prepared and reviewed plans and documentation utilizing the many types of regimes for structuring the development and sale of interests in real estate, including condominiums, cooperatives, ground leases, planned residential and planned unit developments, and traditional subdivisions. We have expertise regarding the Vermont Common Interest Ownership Act, recently adopted in Vermont, which provides new rules for condominiums, cooperatives, and planned communities.
Land Conservation
We regularly represent private, state and national land conservation organizations in connection with acquisitions and sales of properties, conservation easements, organizational and operational issues, and tax exempt status. We also represent landowners involved in granting conservation easements.
Succession Planning
Working with practitioners in the taxation and estate planning practice groups, we can advise clients on issues involving succession planning in order to allow real estate owners to transfer real estate to family members while maintaining some control over ownership and minimizing adverse estate and gift and income tax consequences.
Client Resources
For additional resources related to real estate and environmental issues in Vermont, please visit the following sites:
Vermont Environmental Board (includes Environmental Board Decisions)
Putney Press Vermont Enviro-Source (Vermont environmental information)
Vermont Land Use and Act 250