Serving South Dakota Since 1946

Real Property

Real Property

Real Property

Lynn Jackson understands that real estate can be a broad and complex area of law requiring a multidisciplinary legal approach. The firm’s Real Property Group has experienced attorneys from practices across the firm to handle real estate matters. These attorneys draw upon deep experience in finance, construction, environmental law, tax, land use law, bankruptcy and workout, insurance, estate planning and litigation.

The Real Property Group attorneys represent developers, investors, publicly held companies, privately-owned businesses, family offices, nonprofits, individuals, and lenders. There are a wide-range of legal services available, including acquisitions, dispositions, financing, construction, and related legal issues. The group’s services also cover all types of commercial real estate projects and transactions, including industrial, retail, commercial, residential, hotel, and mixed use.

Ownership interests in all types of property – real property, personal property, and intellectual property – affect businesses and individual alike.  From complex commercial real estate sales and leases to questions that arise when buying your first home, attorneys at Lynn Jackson provide solid legal advice, guiding you through all phases of such transactions, answering questions, planning for future use and resolving disputes through litigation, arbitration, and mediation.  

Planning and Development

Land use planning and development requires an understanding of governmental regulations and processes (think of city and county ordinances and zoning, and state and federal laws and regulations) combined with the wide array of legal tools which create each property interest (such as master deeds for condominium projects, party wall agreements for townhomes, covenants for subdivisions, easement agreements for access to property).  We can help you understand what you have and create the legal framework which will support your dream project, whether that is new urban construction or protecting the family homestead. We review and explain and we listen, draft, and help you create, getting from vision to reality. We can answer your questions about:

  • Covenants
  • Easements
  • Condominiums
  • Master deeds
  • Townhomes
  • Party wall agreements
  • Homeowners associations
  • Community associations
  • Land use law
  • Zoning law
  • Real estate development
  • Platting
  • Subdividing

Land Investments and Transactions

Each different transaction and investment in real property involves different types of roles and players, whether it is landlord-tenant, grantor-grantee or mortgagor-mortgagee.  We understand these roles and terms and know what each party’s rights and obligations are so we can guide you to the result you want and answer your questions. We review and draft the documents tailored to your needs, such as:

  • Purchase agreements
  • Options to purchase
  • Right of first refusal
  • Deed preparation/review
  • Mortgages
  • Foreclosures
  • Contract for deed
  • Residential leases
  • Commercial leases
  • Shared driveway easements
  • Easements
  • Vacation of right-of-way
  • Shared well agreements
  • Access issues
  • Fence line agreements
  • Water rights
  • Water law
  • Water associations
  • Irrigation districts and projects
  • Conservation easements
  • Mineral interests
  • Remainder interests
  • Life estates
  • Real estate tax questions
  • Real estate tax valuation
  • Appeal of real estate tax valuation
  • Abatement
  • Exchanges

Real Estate Litigation

When disputes arise between parties to a transaction, between joint owners or neighbors, resolution may require a lawsuit.  Some types of real property issues require specific court action, or litigation, to resolve issues or competing claims in property.  The attorneys in our Real Property Group can represent you to resolve:

  • Title problems or “cloud” on title
  • Quiet title actions
  • Tax deeds
  • Partition actions
  • Construction defects
  • Warranties
  • Adverse possession
  • Prescriptive easements
  • Boundary disputes

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