REAL ESTATE LAW
MLMW has more than 40 years of experience in virtually all types of Colorado properties and the problems that can arise. We represent the full spectrum of people and businesses that own, lease, deal in, lend on or make a business out of real estate.
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We represent businesses that sell, manage, and rent properties, and lenders who lend against or acquire an interest in real estate. We also represent receivers and trustees who are charged with holding or managing real estate. Our clients include those who construct improvements, modify properties, demolish or liquidate them, remediate environmental issues, or develop properties, as well as those who have claims against or liens on the properties and seek to enforce their rights, and those who wish to defend against such claims and liens.
Good title to real estate or interests in real estate can be complicated. Errors in conveyancing, inaccurate legal descriptions, unreleased liens or mortgages, lack of access to and from the property, and conflicts between co-owners are not uncommon. There can be conflicts over the location of boundary lines, and encroachments by buildings, fences and improvements. Surveys can be in conflict. Liens and claims can be filed against an owner's real estate even when the owner isn't responsible for what gave rise to them. Title Insurance companies make mistakes, properties are condemned by governmental agencies, and deeds of trust are foreclosed. Inheritance of real estate can be confused, properties sold for taxes, and different owners of the mineral under the land and the buildings on the surface. MLMW attorneys have dealt with all of these issues and more, and can effectively resolve these problems when they arise, whether through agreements, curative documents, or where required, in court.
We handle all the details of the purchase or sale of any type of real estate, from survey and appraisal through listing, negotiating the sale, preparing the contracts, reviewing the title, correcting any title problems, inspection, getting a loan, loan documents, closing, and ultimately the change of possession, recordation and post closing matters.
We handle all types of leases on commercial, industrial, retail, residential, agricultural and governmental properties, including leases with options, and lease to purchase agreements. We represent landlords as well as tenants, sub-lessors and sub-lessees. We handle cell and transmission tower leases and roof-top dish leases, as well as parking and storage area leases. We also represent clients regarding long-term ground leases, as the landlord or the tenant. We handle all aspects of lease transactions, from the negotiation stage through the documentation and closing, including post closing modifications. We also represent our clients on claims under or disputes arising under the leases.
We work with our real estate development clients beginning at the property review and acquisition stage, and represent them through the planning process, subdivision application, submittals and approval proceedings, any zoning changes, platting and surveying, the subdivision improvement agreements, and the completion, final approvals, and marketing and sales process.
We represent our clients from the beginning stages of construction, including the design, RFP, bidding and contracting, and final documentation. We assist our clients with change orders and modifications, building permit issues, and code and other compliance disputes. We also represent clients who operate as or employ construction managers. We prosecute as well as defend construction defects claims. We represent both general contractors and sub-contractors, and help our clients both file and defend against mechanic's lien claims. We also help our clients apply for construction loans, and assist in the sometimes complicated process of construction loan management, inspections, draw requests and funding. We also help facilitate the transition from the construction loan to the take-out or permanent loan.
Real estate is subject to zoning and other restrictions, regulations, private covenants and subdivision restrictions. Title defects frequently come to light after a property has been purchased. Easements may cross your property, or you may depend on an easement to get to and from your property. We help our clients cure title defects when they arise (See the "Ownership & Title" section above) and, when needed, assert title claims on title insurance policies. On subdivision covenants and restrictions and rule and regulations, we represent both Home Owner Associations as to enforcement and members of such associations as to disputes, implementation or defense. We help our clients with owner liability issues, defend their property and property values when their property or a portion of their property is condemned by a public authority, and deal with easements both benefitting or encumbering our client's properties. We advance lien claims for our clients against properties when appropriate, and defend against them when they are not. We also defend our clients against wrongful claims of zoning and other violations, and claims against their ownership by persons claiming rights or ownership by adverse possession.
We handle loans and mortgages against commercial, residential and other properties, representing both lenders and borrowers, including seller financing. We assist our clients with home improvement and home equity lines of credit, second mortgages, construction and permanent financing. We also deal with foreclosures, representing borrowers and lenders.