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Real Estate Law Definition
The Real Estate Law practice involves all aspects of legal work relating to the acquisition, development, ownership, and disposition of real property. When real estate is purchased, Real Estate Law firms will prepare and negotiate agreements for the purchase and sale of the real estate and legal services also will be provided to the purchaser and lenders in any financings required for the purchase. Firms also will provide advice on environmental issues and will assist in due diligence undertaken by a purchaser of real estate. Co-ownership or joint venture agreements also may be prepared by firms when real property is acquired. Firms providing Real Estate Law services often assist purchasers or owners of land in the development of the property. This may include negotiation and preparation of Development Agreements, Site Plan Agreements, or Subdivision Agreements with the local municipality; preparing and handling applications for rezoning and Official Plan amendments to allow the proposed development of the property; preparing applications and required documentation to permit condominium or other strata ownership; and negotiation and preparation of Reciprocal Easement and Operating Agreements with adjoining landowners. Owners of commercial properties often request that firms assist in leasing the property or portions of it. This includes the negotiation and drafting of Offers to Lease, Commercial Leases, and Ground Leases. Firms providing Real Estate Law services may advise property owners on real estate taxation issues that arise during the course of the property ownership. Firms also may be asked to assist public authorities in the expropriation of real estate or private landowners in expropriation proceedings initiated by public authorities. Real Estate Law services also include litigation that may arise by virtue of the ownership of real estate. Real estate litigation may relate to boundary disputes, issues concerning the use of the property, environmental litigation, and title or ownership issues.