Boundary Disputes

Boundary disputes can be some of the most contentious types of real estate matters, often involving a fact-intensive inquiry into how properties and boundaries have been treated over a number of years.  The real estate attorneys at Hirzel Law represent property owners in such disputes throughout all of Illinois.  These disputes often arise when adjoining property owners disagree on whether a deed or easement accurately describes the boundaries between adjoining properties. In most cases, one property owner will claim that the actions of the property owners, or their predecessors in title, have altered the boundary lines.  Common claims involving boundary disputes are for acquiescence, adverse possession, nuisance or trespass.  The real estate attorneys at Hirzel Law can help navigate these claims and assist in establishing the correct boundary between properties.

Commercial Real Estate

The real estate lawyers at Hirzel Law represent developers in connection with land purchases and sales and the resulting commercial developments.  These projects involve mixed use developments and commercial uses.  We assist clients in the initial development and construction of the project, financing, obtaining permits, an analysis of zoning requirements and drafting and entering into construction contracts.  After the initial buildout is complete, we assist clients with the next phase of the development, including drafting letters of intent, negotiating leases, and reviewing guarantees, promissory notes, and assignments of leases.  Once development is complete, we can assist clients in protecting their investment in the project through eviction proceedings and enforcement actions.

Residential Development

Hirzel Law’s Illinois real estate attorneys represent builders and developers in all aspects of residential development.  We can prepare the applicable sales documents, such as the disclosure statement, escrow agreement, limited warranty and purchase agreement, which are needed to sell units.  We can stay involved through the entire sales and development period, and can assist a developer in maintaining compliance with the Illinois Condominium Property Act until control is turned over to the unit owners or members. Our real estate attorneys also assist with the construction of individual homes and issues regarding building permits and certificates of occupancy.

Title Disputes

Establishing the status of title to property is one of the most significant issues in real estate because it establishes ownership of the property.  If a title dispute arises, Hirzel Law real estate attorneys can help negotiate a resolution of the dispute prior to litigation or, if necessary, by filing a quiet title action and recording a notice of lis pendens with the appropriate recorder of deeds.  A quiet title action can be used to establish the correct title to property against adverse claimants, and a successful action ensures that any other potential interest holders’ claims are forever barred.  Whether addressing claims for superior title or adverse possession, or negotiating a resolution to a potential dispute without having to litigate, Hirzel Law attorneys protect our clients’ interests in real property.

Zoning/Land Use Planning

Through the Plat Act, 765 ILCS 205/1 , Illinois has delegated to its municipalities control over many of the functions related to the regulation and development of land.  This zoning authority is a powerful means by which a municipality can control land within its borders, but the Act defines the responsibilities and the authority of governmental zoning.  Hirzel Law attorneys handle all aspects of zoning and land use planning from project conception through municipal approval and can assist clients in negotiating this process including helping to interpret ordinances, appearing before a board of zoning appeals or other municipal body, or pursuing a variance.

Our real estate attorneys assist builders, developers and individual property owners with splitting lots and obtaining the necessary municipal approval.  While a lawsuit is not always needed, in some instances modifications to a plat, such as vacating, correcting, or revising a highway, road, street or other land dedicated to public use require the filing of a lawsuit in an Illinois Circuit Court. Hirzel Law real estate attorneys are prepared to assist their clients in properly amending and revising plats, either through litigation or any other methods allowed under the Illinois Plat Act.