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Practices + Industries

Real Estate

Overview

Both the residential and commercial real estate markets were hit hard by the country’s recent recession.  As the markets recover, new opportunities arise for owners, developers and investors. For instance, foreclosed single-family homes are emerging as an alternate asset and investment option.  Other real estate development and investment opportunities abound in the state, benefitted by a healthy tourism industry and advantageous corporate tax structures. However, financing and regulatory obstacles, insurance and leasing issues are some of the challenges that parties to real estate transactions must address. As real estate transactions are multi-faceted and complex, owners, investors, and developers with an interest in the state should look to legal counsel well versed in the unique dynamics of South Carolina real estate.

Turner Padget has a long-standing history of working in all aspects of real estate, from acquisition and disposition, to leasing and land use planning, to litigation and dispute resolution. Our clients include lenders, developers, equity investors, buyers, sellers, community associations, title insurers, landlords and tenants. Both our transactional and litigation team members have extensive experience representing clients in all of these real estate issues. Given the broad spectrum of our client base and the vast knowledge of our lawyers, we can successfully respond to the needs of our clients no matter how unique their issue may be. Few other firms have the ability to bring together lawyers who have a thorough understanding of real estate law with those who have the skill set to use that understanding to effectively advocate for their clients.

  • Property acquisition and disposition
  • Leasing
  • Land use planning
  • Financing
  • Real estate development
  • Eminent domain, condemnation, zoning and easement disputes
  • Community association representation
  • Landlord/tenant
issues
  • Lien priority disputes
  • Mechanic's liens
  • Mortgage foreclosures
  • Partition actions
  • Quiet title actions
  • Real estate contract disputes
  • Restrictive covenant litigation
  • Insurance claims

Representative Engagements

  • Local counsel for a national real estate development company in the acquisition, development, leasing, and financing of approximately 100 acres along the most concentrated commercial retail shopping area in the Midlands of South Carolina.
  • Lead counsel in preparation of a wastewater services agreement among two municipalities and a county commission to build a new $70,000,000 regional-based wastewater plant.  Representation included coordinating with local government, real estate interests, engineers and accountants.
  • Negotiated the acquisition of membership interests in a limited liability company that owns a large, upscale golf course community containing approximately 1,000 acres of undeveloped residential land, 160 acres of commercial property, and 100 lots for sale in existing subdivisions.  Representation included drafting entity governance documents, analysis of debt and liabilities, and loan restructuring.
  • Served as lead trial counsel for three family members in a series of corporate, probate and partition cases related to a large family-owned farming and development business over multiple years.
  • Lead counsel for the negotiation and acquisition of real estate and easements for the development of a municipal riverfront park.
  • Negotiated the acquisition and redevelopment of an urban property into a three building retail space. Representation included negotiating a long-term lease to a large, national pharmacy tenant, drafting and recording a declaration of easements, covenants, conditions and restrictions for the development, and handling the initial acquisition financing and construction financing for the developer.
  • Successfully represented a developer of a construction and demolition debris landfill in the South Carolina Administrative Law Court.  A group of area residents challenged a permit granted by DHEC after 8 years of litigation and reviews.  At trial, the developer's motion for an involuntary nonsuit (non-jury directed verdict) was granted on all alleged technical deficiencies of the permit.  After the trial, the court ruled that the permit was compliant with the governing regulations, local ordinances and solid waste management plans.  The case involved several unresolved questions related to the demonstration of need requirement for waste facilities and consistency with state and local solid waste management plans under newly enacted regulations.
  • Lead counsel for several financial institutions in the acquisition and site development for branch expansion.
  • Assisted a real estate developer with structuring the acquisition of several real estate tracts that were under contract with a national homebuilder for the development of a residential subdivision.
  • Represent a real estate development company specializing in building and leasing retail space for regional and national tenants.