Real Estate Development

Real estate development, like stocks or bonds, is an investment. Landowners and developers expect a return on their investment. Unlike other investments, real estate allows you to borrow against the cost of acquiring and constructing property—using leverage to potentially earn more than the cost of the loan.

Financing is Key

Most property developments rely on financing at some point, whether a long-term mortgage or a short-term construction loan. The type, purpose, and terms of the loan directly affect the rate of return on your investment.

Navigating Laws and Regulations

Development in Montana, Wyoming, Colorado, and other western states is heavily regulated. Your project may be subject to:

• Subdivision laws

• Land use regulations

• Building codes

• Environmental regulations, such as the Montana Environmental Policy Act (MEPA)

How We Can Help

• Legal guidance on financing and leverage

• Compliance with land use, subdivision, and environmental laws

• Contract review, negotiation, and enforcement

Covenants and zoning regulations are common ways for private citizens and government bodies to set rules for property use and obligations. They are sometimes confused with bylaws, which usually govern the operation of a company or homeowners association (HOA) and may accompany covenants in the public record.

Unfortunately, covenants are often treated as an afterthought. Many are copied without consideration—sometimes even from other states—creating unnecessary problems for homeowners and developers.

We encourage developers to view thoughtfully written covenants and HOAs as a marketing tool that can enhance property values. Prospective buyers should review these rules early, and associations should revisit them regularly to ensure they continue to meet the needs of the community.

How We Can Help

• Draft, clarify, and enforce covenants and zoning regulations

• Review and interpret HOA bylaws and rules

• Advise developers on creating covenants that protect and enhance property value

• Assist prospective buyers in understanding encumbrances before purchase

• Update and revise HOA documents to meet the community’s current needs

• Litigate disputes related to covenants, zoning, and HOA rules

Real estate attorneys at The Rabb Law Firm represent financiers, businesses, and associations regarding their security interests in real estate property. When it becomes necessary to collateralize an obligation, our attorneys understand that you will need to do so quickly. Our attorneys can draft, record, and enforce security instruments such as liens, trust indentures, and mortgages.

Easements are a part of everyday life. Your power, internet, water, roads, and even certain views often rely on easement rights. While common, easements can become complicated and have long-term impacts on property use and value.

Our attorneys help clients create, understand, and resolve easement issues throughout Montana, Wyoming, and Colorado. Because easements typically outlast individual property owners, addressing them carefully can prevent costly disputes in the future.

The Rabb Law Firm’s real estate practice group regularly assists clients with drafting, reviewing, and revising purchase and sales transactions. The Rabb Law Firm provides representation in negotiations, due diligence and transaction management.

Our representation specifically includes:

• Drafting and negotiating Purchase and Sale Agreements (buy-sell agreements)

• Examining contingency timelines and removal

• Performing due-diligence and property research

• Satisfying disclosure requirements

• Drafting deeds and related agreements

• Coordinating with escrow, title, and financing companies to ensure the entire transaction goes smoothly