Real Estate Law

In the “bundle of sticks” that comprise real property ownership, one of the most important is access. While urban and suburban developments have clearly defined streets and roads established by recorded plats, the legal right to access rural or mountain property not contiguous to public highways is often less certain and litigation sometimes becomes necessary to establish that right. This is done under various legal theories such as implied easements by necessity, by prior use, by estoppel or by prescription.   In recent years with mountain property values increasing significantly, litigants have also asserted claims that particular routes are public roads based on historical use.  Land access litigation, particularly under federal statutes such as R.S. 2477, is a complicated area of the law that can require historical research dating back more than a century, particularly if mining claims are involved.  Our attorneys are well-versed in the complexities of these areas of law and can help determine the proper remedy for each client’s unique circumstances.

Our real estate attorneys represent landlords and tenants in various types of commercial real estate leasing transactions (drafting and negotiations), including commercial leases for office, industrial, retail, shopping center, and other commercial properties, as well as in lease disputes.

From helping developers set up new condominium communities to existing owners facing novel uses of the property, we help common interest communities develop plans, amend declarations, and craft policies that work for them.  

Although water is precious in the West, it can also be destructive, especially during flooding. Properties within flood zones are particularly vulnerable.  There is a body of law that addresses certain rights related to the flow of surface water by way of drainage easements.  A drainage easement can be express or implied.  A drainage easement generally applies to a particular parcel of property, defining the parcel owners’ rights when water flows from one parcel to another.  HBC’s attorneys have significant knowledge and experience to help property owners navigate disputes involving drainage easements.

Find more details about drainage easements in this ten-minute webinar by HBC attorney Ken Robinson.

With the level of complexity in relationships between and among property owners, associations, developers, governments, and neighboring property owners, disputes will often arise.  These disputes can escalate to litigation if the stakes are large and the rights and obligations strongly contested.   HBC’s attorneys expertly navigate this complexity to resolve these disputes for our clients.

Our experienced real estate attorneys assist clients in navigating the maze of ever-changing land use regulations.  We regularly prepare land use covenants, homeowner association documents, and project development agreements.

The physical extent of ownership of real property is defined by boundary lines and, despite the best efforts of realtors, lawyers and surveyors, it is not always easy to tell where one person’s property ends and another’s begins, which can lead to a boundary dispute. This is particularly true where owners have constructed improvements such as fences or even structures on the wrong side of the legal boundaries, or have used someone else’s property as their own for an extended period of time.  Boundary litigation is usually complex, requiring reconstruction of historical events and review of old surveys, often going back decades.  Other forms of boundary disputes involve incorrect property descriptions and errors in surveying.  Typical claims in a boundary dispute include trespass, adverse possession and acquiescence.  HBC attorneys have significant, landmark experience successfully litigating these matters for clients.