Real Estate
Development, Leasing, Litigation and Transactions
Mr. Higgs has retired from the active practice of law after nearly 40 years. Requests for consultations, arbitrations, mediations, and expert witness testimony are considered on a case-by-case basis.
During law school, Mr. Higgs assisted Professor W. Wade Berryhill in writing a law review article, "Title Examinations in Virginia," that was published in the University of Richmond Law Review in 1983. That article became a chapter in Professor Berryhill's book, Real Estate Closings: The Law in Virginia with Forms (1984, The Harrison Company).
Mr. Higgs served after law school as Executive Director of the Virginia Real Estate Commission (now the Virginia Real Estate Board), as Assistant Director for Real Estate, Virginia Department of Commerce (now the Virginia Department of Professional and Occupational Regulation). He was responsible for the direction and management of the regulatory, licensing and enforcement activities of the Commission, which licenses and regulates real estate brokers and salespersons, as well as condominium development in Virginia.
Mr. Higgs began his legal career researching real estate titles back to the original sovereign grants for the benefit of a national oil and natural gas company, and he has remained actively and extensively involved in real estate-related matters for 35 years.
Real Estate Development
Mr. Higgs provided legal counsel to leading commercial and residential developers, assisting in the subdivision, development and sale of new subdivisions and other developments, as well as vacating and re-subdividing existing developments. He represented real estate developers in zoning and land use matters, and in the formation and management of residential homeowners associations and commercial community associations. He represented lenders in in protecting their interests in complex financing arrangements when lending for real estate development and redevelopment.
Real Estate Leasing
Mr. Higgs provided legal counsel to both lessors and lessees of real property in negotiating, enforcing and terminating leasehold interests in real estate, including related litigation. He has extensive experience in both commercial and residential real property leases, including unique leases such as those for billboards and storage units.
Real Estate Litigation
Mr. Higgs served as litigation counsel to a national title insurance company, representing its insureds in litigation arising from real estate matters. Mr. Higgs served as Tax Sale Counsel for the City of Roanoke from 2004-2010, where he litigated claims for delinquent real estate ad valorem taxes. He has litigated "quiet title" actions and other suits on behalf of numerous lenders whose secured positions were threatened by clouds on title, fraud, or other legal problems. He successfully represented property owners in lawsuits against contractors involving both new construction and remodeling. He represented both landlords and tenants in commercial lease-related litigation and in non-litigation workouts, including guiding owners and landlords through the various self-help remedies permitted by Virginia law.
Real Estate Transactions
Mr. Higgs has conducted thousands of real estate closings, ranging from small home equity loans to multi-million-dollar commercial transactions involving complicated financing, construction and environmental issues. He has experience in coordinating like-kind tax deferred exchanges under Internal Revenue Code §1031. He represented both borrowers and creditors, and frequently represented and advised lenders in protecting their interests in complex financing arrangements.
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