Real Estate
Development, Leasing, Litigation and Transactions
With over 25 years of legal experience in real estate regulation, real estate transactions and real estate-related litigation, The Higgs Law Firm offers a depth and breadth of experience in real estate that is matched by few attorneys or firms. We represent the interests of both borrowers and lenders in commercial real estate transactions of all types and sizes.
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 as 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 management and direction 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 searching 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 over 25 years.
Real Estate Development
The Higgs Law Firm has 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 the vacation and re-subdivision of existing developments. We represent real estate developers in zoning and land use matters, and in the formation and management of residential homeowners associations and commercial community associations. We represent lenders in in protecting their interests in complex financing arrangements when lending for real estate development and redevelopment.
Real Estate Leasing
The Higgs Law Firm provides legal counsel to both lessors and lessees of real property in negotiating, enforcing and terminating leasehold interests in real estate, including related litigation. We have extensive experience in both commercial and residential real property leases, including unique leases such as those for billboards and storage units.
Real Estate Litigation
The Higgs Law Firm serves as litigation counsel to a national title insurance company, representing its insureds in litigation that arises from real estate matters. We serve as Tax Sale Counsel for the City of Roanoke, litigating claims for delinquent real estate ad valorem taxes. We have litigated "quiet title" actions and other suits on behalf of numerous lenders whose secured positions were threatened by clouds on title, fraud, or other issues. We have successfully represented property owners in lawsuits against contractors in both new construction and remodeling contracts. We have represented both landlords and tenants in lease-related litigation and in non-litigation workouts, including guiding owners and landlords through the various self-help remedies that Virginia law permits.
Real Estate Transactions
Mr. Higgs has conducted literally thousands of real estate closings, ranging from small home equity loans to multi-million-dollar commercial transactions involving complicated financing, construction and environmental issues. We are experienced in coordinating like-kind tax deferred exchanges under Internal Revenue Code §1031. We represent both borrowers and creditors, and we frequently represent and advise lenders in protecting their interests in complex financing arrangements.
Fees
Most real estate-related representation and litigation is handled on an hourly fee basis. Transactional work may be handled on either an hourly fee basis or on a flat fee basis, as appropriate.
Approved Agent
Steven L. Higgs and/or Steven L. Higgs, P.C., are an Approved Attorney or Approved Settlement Agent for:
Chicago Title Insurance Company
First American Title Insurance Company
Investors Title Insurance Company
Lawyer's Title Insurance Company
Southern Title Insurance Corporation
Stewart Title Guaranty Company
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