Zoning laws can make property development difficult, but engaging a real estate attorney from the start ensures your El Paso project remains in compliance and you have smooth progress right to the end.
How to Navigate Zoning Laws When Developing Commercial Property
Engaging an El Paso, TX Real Estate Attorney
Your first step is to talk to an attorney with lots of experience in these issues. Having legal help makes the process simpler from the start. Your lawyer can review your contracts, negotiate with sellers on zoning contingencies, represent you in hearings for variances or disputes, and make sure that all your deeds and leases match zoning realities. If a dispute arises, your lawyer will be there to mediate a resolution or take it through to litigation if necessary. Most importantly, a lawyer’s oversight allows you to catch any hidden restrictions or issues with titles before they can endanger your investment.
Understanding Zoning Classifications
Before purchasing or planning any development, the first step will be identifying the zoning classification of your target property, and this requires reviewing zoning maps and ordinances to discover the precise boundaries and rules for each district. These classifications might control more than just whether your commercial property can exist. They can also restrict certain things about the property, such as how many stories it can be or how many parking spaces are required. While much of this information is online these days, it’s absolutely crucial to verify the information officially.
Understand the Permitted Uses and Restrictions
Once you know the zoning classification, your lawyer will help you dig into what it allows. It’s common for commercial zones to permit a range of businesses in an area, but with caveats. For example, a general commercial district might allow stores and offices but prohibit manufacturing facilities. There are often rules about the distance that buildings have to be from property lines, how large signs can be, and how waterways must be protected. In some cases, you may have to actually prove that something about your project won’t do any harm to nearby properties.
Rezoning Requests
The city’s planning department handles rezoning requests if the current classification of an area doesn’t match your plans, and, again, having a lawyer deal with this is the best way to ensure success. You’ll have to submit an application, pay fees, and make a presentation at public hearings where neighbors can voice their opinions on the rezoning. Your lawyer will advise you on the likelihood of success and make sure each step is done carefully and correctly.
Check for Incentives
In some cases, you may be able to take advantage of special incentives provided for developers who include energy-efficient designs or affordable housing components in their construction. Your lawyer will be current with all these incentives as well as all codes and recent amendments.
Whether you’re in the early development stage or dealing with a zoning dispute, we can help. Contact the Law Offices of Albert Nabhan now in Odessa or El Paso, or call us at 915-292-3518 to set up an appointment to discuss your needs.
Navigating the complexities of nursing home planning can be daunting, especially in El Paso, Texas. With the rising costs of long-term care and the intricacies of Medicaid eligibility, it’s crucial for families to be well-informed. This guide aims to provide clarity on these topics, ensuring you make the best decisions for your loved ones.
Read the rest of this entry »When Should You Start Estate Planning?
Estate planning is a crucial step in securing your family’s future and ensuring your wishes are fulfilled. Whether you’re just beginning to accumulate assets or you’ve amassed significant wealth, it’s important to understand when and why you should start the estate planning process. In El Paso, TX, the Law Office of Albert Nabhan, PLLC, offers expert guidance to help you navigate these essential decisions.
Key Life Events Triggering Estate Planning
Life changes often prompt the need for updating or creating an estate plan. Here are some key events that should trigger estate planning considerations:
Read the rest of this entry »How to Set Up a Trust for Your Heirs in Texas
Establishing a trust is a great way to protect your assets, since the assets in a trust do not have to go through probate. This means your beneficiaries can receive the assets more quickly, and it minimizes tax losses. But a trust must be set up carefully and maintained properly to provide all these benefits. Talk to an estate planning attorney in El Paso as soon as possible to ensure your trust truly protects your estate and heirs.
Work With an Estate Planning Attorney in El Paso
The first step is to talk to a qualified and experienced attorney. If you skip this step, there’s a much greater likelihood of issues later. Your attorney will help you with each subsequent step and make sure your assets are protected, you understand and can take advantage of every law, and that you’ve minimized all tax obligations.
Small businesses are wonderful places to work. They often have a family feel, and people often care about each other in a special way that’s just not possible with a big corporation. But even in a small business, employee contracts are important to protect both the business and the employees themselves. Talk to a business lawyer in El Paso to make sure your contracts do everything you intend and are legally enforceable.
Texas is an “at-will” state, which means unless there is a contract in place, neither the employee nor the employer is bound to the relationship. Once a contract is signed, however, both parties are required to keep to the terms of the contract, and Texas’s “at-will” employment rules don’t supersede the contract so long as the contract is valid.
Nothing can ruin the dream of a new home faster than finding out the title to your real estate is compromised in some way. Title searches should never be skipped, and title insurance is a good bet for nearly everyone. Talk to an El Paso, TX real estate lawyer right away to learn more.
From an El Paso, TX Real Estate Lawyer: What to Know About Title Searches and Insurance
What’s a “Title Search?”
A search on a title means going through all the public records to make sure that you know exactly who has legal ownership of a property and to discover if there are any liens or encumbrances on the property that could make a difference if it’s sold or transferred. It’s important that you be able to establish a history of ownership on the property. That history should go very clearly from one owner to the next and be the same on all deeds, mortgages, tax records, and public records. This is also valuable for making sure that all property taxes have been paid, as well.
What’s “Title Insurance?”
Unfortunately, even a very thorough title search might miss something. There could be a claim that hasn’t been recorded, a clerical error, or you may be the victim of fraud. Title insurance protects the buyer from any issues that might arise from the title after closing. Texas law does not require title insurance, though the Texas Department of Insurance (TDI) does set standardized rates for this insurance based on property value. However, many mortgage lenders require title insurance.
How It All Works
You as an individual can do a title search, of course, but it’s usually not a good idea. Unless you know a lot about real estate law and know all the places to look, you could easily miss something important. It’s best to talk with a real estate lawyer who can not only do a proper title search but also give you guidance on all the laws and help you to resolve any disputes you might uncover.
Avoiding Surprises After Closing
If you don’t do a title search, you might be shocked at what could pop up after you close. An unresolved issue regarding heirship could mean you lose the property entirely. You might find that there are ruinous debts or tax burdens attached to that property, which would become your responsibility once you own it. Talk with your lawyer to make sure everything is uncovered in your search, including:
- The chain of the title and each transfer of ownership
- Any unpaid mortgages
- Tax claims
- HOA liens
- Court-ordered debt judgments against an older owner
- Restrictions on the property (such as limits to what you can build)
- Easement issues
The best way to protect your property is to talk with a real estate lawyer. A lawyer will give you peace of mind and help you resolve any issues that may come up. Talk to us today at the Law Office of Albert Nabhan, PLLC in El Paso and Odessa, TX to get help with your real estate transactions.
Starting a new business is an exciting time, but it’s important to do things right from the beginning. A business lawyer in El Paso can make sure you jump through all the right legal hoops so your business can be a success and you don’t encounter any unexpected issues down the line.
Your Legal Structure
You can have a partnership, a sole proprietorship, a limited liability company, a limited liability partnership, or a corporation. There are advantages and disadvantages to all of these choices, of course. It will all depend on the precise nature of your business and how many people are involved, and a lawyer can tell you more.
One of the most important things that a will does is appoint an executor to collect, manage, and distribute assets. If you have been entrusted with this responsibility, an El Paso probate lawyer can help you to fulfill your legal responsibilities and administer the estate correctly.
Secure Authority from the Probate Court
Even if you have been named as executor in a will, you cannot act until officially appointed. After the will has been filed with the court, the court will issue “letters testamentary,” which confirm your authority as executor.
Well-drafted business contracts form the foundation of successful commercial relationships and reduce the likelihood of future legal disputes. Having a contract that is clearly and carefully written will allow for an effective interpretation of your agreement under Texas law. Our team focuses on contract construction that anticipates common points of conflict and addresses them. When you use the help of an attorney for business contracts,, you can strengthen your position and avoid future litigation.
Read the rest of this entry »Corporate mergers present significant opportunities for business growth, market expansion, and operational efficiencies. However, they there are things to be careful about, particularly concerning intellectual property (IP) assets. If you are involved in a merger, you must take deliberate steps to protect your company’s IP interests. At the Law Offices of Albert Nabhan, a corporate lawyer in El Paso, TX, can advise your business as it seeks to secure its intellectual property during merger transactions.
From a Corporate Lawyer in El Paso, TX: Protecting Your Intellectual Property During a Merger
Identifying and Documenting Intellectual Property Assets
One of the first steps you should take before finalizing a merger is to conduct a comprehensive review of all intellectual property assets involved. These assets may include trademarks, copyrights, patents, trade secrets, proprietary software, branding materials, and licensing agreements. Without a clear understanding of what your company owns, you risk undervaluing your contributions or encountering ownership disputes after the transaction.
Working with legal counsel can help you prepare a comprehensive inventory of IP assets and document their current legal status. Verify registrations, ownership rights, and renewal deadlines. If your company holds shared or jointly developed IP, you must determine how these assets will be treated in the merger. In some cases, you may need to renegotiate existing contracts to reflect the new corporate structure.
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