Real estate development typically refers to endeavors that involve the purchase of land for the purpose of building structures or buildings on it. Real estate developers are often the persons or agencies responsible for converting property ideas into actual physical buildings on a plot of land. It may be considered different from construction, as construction is only a part of real estate development.
The term “real estate development” may also include other facets such as the improvement of buildings, the leasing of property, and the sale of raw, unimproved land to buyers. Developers work with many different persons such as engineers, architects, construction heads, surveyors, and others.
Real estate development is always a major endeavor that takes much time, resources, money and cooperation in order to complete. As such, there are many areas in which legal conflicts or issues can arise with a development project.
Perhaps the most common real estate development conflict is when residential property owners attempt to prevent construction near their property. Residents often cite increased noise, traffic, and busyness as the main complaints when development occurs too close to homes.
Other development conflicts include:
- Breach of construction or development contract
- Land use violations
- Environmental violations, including pollution and noise levels
- Violation of zoning laws
- Disputes over titles and land deeds
Development conflicts are frequently resolved through a private civil lawsuit for damages. This is often the case for specific disputes between private parties such as a breach of construction contract. Here, the non-breaching party may be entitled to a monetary damages award for losses caused by the breach. Other remedies may be available as well, such as a re-working of the contract terms.
In other cases, broader remedies may be required. These can include changes in development practices, especially with regards to environmental violations and land usage. Challenges to zoning ordinances can sometimes occur as a response to a real estate development issue.
Real estate development is a major industry that includes many different aspects. You may need to hire a real estate lawyer in your area if you have any conflicts or legal disputes involving real estate development. Your attorney will be able to research the laws in your area to determine what your options are. Also, if you need to file a lawsuit or challenge a city ordinance, your lawyer can provide you with legal representation during those processes.