Real Estate Law
Real Estate Law can be complicated. Read below to learn more about Real Estate Law.
Boundary and title affect one of your most significant investments: real estate. Should a real estate transaction in which you are involved have a boundary or title dispute, immediately seek legal assistance before expenses and emotions exceed your resources and ability to resolve the dispute.
We have significant experience working through issues related to boundaries, title and property rights. Our attorneys work closely with clients to resolve real property issues when ownership lines are blurred, in cases of adverse possession, from divorce or family transfers, disputes with verbal agreements, from obstructions to property rights or when a property owner dies without a valid will.
Such disputes can occur from flawed deeds, unmarked boundary lines, unwritten title transfer or from previous owners who did not raise any objection to a property infringement. Easements, when not properly documented or adhered to, can also turn into a contentious issue between the property owner and the business or individual who needs access over the property.
Condominium and HOA Law
We offer services to developers, associations and homeowners that provide cost-effective insights to help you stay on top of significant changes in the law affecting condo and HOA associations. Our services are tailored to match the needs and budget of our clients.
We provide such services as:
Creating homeowners associations
Reviewing, drafting and interpreting governing documents and contracts
Delinquent assessments collection
Unit owner violations and foreclosures
Insurance coverage issues
Construction defects and liens
Registered agent services
Association and board meetings
Should a dispute occur over building code or covenant violations, breach of contract, or insurance defense, our attorneys are prepared to move forward with legal action or dispute resolution methods that best suit the situation and the client’s interest.
Construction Law and Construction Defects
We offer services to contractors, homeowners, and insurance companies related to the development, construction agreements and litigation associated with residential and commercial construction. Frequently, our services provide stability in an uncertain circumstance during and after construction. We provide legal expertise where defects arise to improvements, and if needed, bring legal action to secure relief and repairs to defective workmanship or materials.
Our attorneys work with contractors to preserve and enforce mechanic’s liens and payment for the project. Our services include making title claims where coverage is available.
As our area continues to grow, so too does the need to build or expand roads, utilities and other infrastructure. Our eminent domain attorneys represent property and business owners to protect their interests during the condemnation proceedings.
We represent property owners, developers and business owners in negotiating with condemning authorities regarding a proposed condemnation payment and, when necessary, filing suit to ensure fair market compensation is paid. Utah has a legislative process for acquiring property through eminent domain that is different from anywhere else in the world. This process gives the property owners significant rights, yet very few take advantage of these rights. One right is to request a second appraisal for your property. While landowners are usually best served to cooperate with the condemning authority to minimize the effects of the taking, they should do so with full knowledge of the process and should seek expert legal advice early in the process. There are many advantages to having qualified legal representation.
Foreclosures and Work Out Agreements
Most foreclosures in Utah are completed out of court using a non-judicial power of sale. A non-judicial foreclosure is usually quicker and less expensive than foreclosing through the courts utilizing the judicial process. Occasionally, however, there are reasons for a lender to choose to foreclose judicially. Non-judicial and judicial foreclosures involve very different processes.
Gallian Welker & Associates has represented lenders and borrowers in both non-judicial and judicial foreclosures as well as in claims for deficiencies after foreclosure. Experience with foreclosures has given our attorneys a thorough understanding of the procedures and pitfalls, allowing us to help develop strategies in the best interests of our clients.
We also assist lenders and borrowers with loan workouts and restructures and with the difficult negotiations and title issues often arising in the foreclosure context.
Land Use and Zoning
Our real estate attorneys provide services in all aspects of land use and zoning from assisting in getting your project started and anticipating obstacles to obtaining the necessary regulatory approvals to entitle and develop your project. We represent the interests of commercial developers, major land owners as well as large and small residential owners to secure governmental land use approvals.
Our attorneys work closely with clients on strategic planning and work cooperatively with state and local governments and agencies in the following areas:
Land use due diligence and analysis
Conditional uses, variances and nonconforming uses
Annexations and boundary extensions
Administrative and judicial proceedings
Drafting, modifying and updating city zoning ordinances
Development and implementation of Special Improvement Districts
Gallian Welker & Associates has extensive experience handling disputes on behalf of commercial landlords and tenants, as well as residential landlords and tenants. Our attorneys represent clients ranging from large retail centers and commercial buildings to both anchor and small tenants. We understand leasing disputes are complex matters requiring both knowledge of the law and relationship building.
Members of our landlord/tenant dispute group regularly assist clients with matters involving rent collection, lease enforcement, lease termination, damage claims, forfeiture, and eviction.
Gallian Welker & Associates works to ensure that the client’s water rights are secured. An integral aspect to real estate is the water associated with the land. Often the value of land is significantly more with a legal claim to adequate water. Our firm represents clients to facilitate the conveyance of water rights, to assist in the certification process, and if needed, to litigate disputed claims to the rights.
Water rights issues can arise in a real estate purchase, foreclosure, or probate of the estate of the landowner. In our arid climate water rights are just as important as the claim to land. Our attorneys work closely with clients and state agencies to achieve positive results in favor of our client.