Real Estate

REAL ESTATE LAW

- J. Richard Tremaine

K&T provides a broad range of real estate services related to both transaction assistance and litigation of real estate disputes. The attorneys have both personal and client-related experience with residential properties, commercial properties, investment properties, vacation properties, and agricultural properties.

Basic real estate documents

Many Colorado real estate documents are available in “forms” which can be found on the internet or obtained in a local office supply store. In particular, the Colorado Board of Realtors site www.dora.state.co.us/Real-Estate has a broad array of such forms.

K&T frequently prepares form documents for clients as a convenience or as an accommodation. For a simple transaction, such as a deed, a deed of trust, a lien, or a release, the document can usually be prepared for a set fee of approximately $50.00, provided that K&T can rely upon either a current title report or upon information that is available on the internet. Routt County real estate records are available at www.co.routt.co.us (County Clerk & Recorder web site).

K&T can either prepare or review client drafts of more complicated real estate agreements, such as a contract for sale and purchase of real property or a residential or commercial lease form. These are typically done on an hourly basis, and the cost limited to the attorney time and/or paralegal time that is actually spent.

Complex transaction issues

Within approximately the last year, K&T has provided assistance to clients on real estate issues which include the following:

	Preparation of commercial leases for multiple tenants;
	Preparations of residential covenants and restrictions, and amendments thereto;
	Preparation of agricultural leases;
	Preparation of bylaws for homeowner associations, and amendments thereto;
	Negotiation of terms and conditions for conservation easements and amendments to conservation easements;
	Advice to clients concerning real estate exchanges pursuant to Section 1031 of the Internal Revenue Code;
	Assistance to clients in the obtaining of local government development approvals;
	Representation of clients on real estate tax assessment matters;
	Representation of client concerns related to zoning and planning amendments by local governments.

Litigation, arbitration, and mediation

K & T has represented clients in real estate disputes which include the following:

	Nature and extent of access easements;
	Adverse possession;
	Real estate agency;
	Boundary and fence line issues;
	Quiet title actions;
	Foreclosure actions;
	Defense for clients charged with development code violations;
	Collection of association and special district liens.

RESOURCES

www.co.routt.co.us. The County Clerk & Recorder website has many of the forms necessary for small real estate transactions.

www.co.dora.state.co.us/Real-Estate. The Colorado Board of Realtors site has a number of real estate forms.