Last Updated May 14, 2019

Law and Practice

Contributed By McGuireWoods LLP

Authors



McGuireWoods LLP has a diverse real estate practice of more than 80 lawyers and land use planners in its offices in Tysons, Charlottesville, Richmond and Norfolk, with skills in a wide range of traditional and non-traditional real estate transactions. The firm’s transactional representation spans all aspects of real estate acquisition, development, financing and disposition, including acquisition, sale, leasing and financing transactions, as well as project finance, construction, public-private partnerships, negotiation of local and state incentives and privatization transactions. The team respresents clients around the world on various sides of such transactions, including Fortune 500 companies. The transactional practice is complemented by the firm’s land use expertise, as it frequently handles zoning and land use matters for development projects.

Most commercial leases limit the permitted use of the leased premises, whether for retail, office, warehouse, or other use. Office and warehouse leases may typically refer only to “general” office or warehouse use, while other kinds of leases are much more specific. For example, retail leases may contain very specific descriptions that address particular details of what may be sold, or how much space may be devoted to the sale of particular items, often to protect exclusive use rights that may have been granted to other tenants. These leases may also include a list of prohibited uses that are forbidden within a particular shopping center or development. Similarly, leases for industrial or manufacturing uses are often tightly controlled, given landlords’ desire to protect their property from environmental problems and nuisances.

In addition to limitations imposed by a lease, parties are subject to the zoning ordinances and regulations of the jurisdiction in which the premises is located. These may limit the permitted uses, or specify more prohibited uses. They may also include regulations on the number of required parking spaces, building codes, signage restrictions (size, height, etc), and any other number of issues.

Finally, a property may also be subject to recorded covenants, conditions or restrictions that impact its use or development. For example, properties located in retail shopping centers, office parks and industrial parks are often encumbered by a declaration of easements or covenants that control permitted uses, require approval of new development (typically by an architectural committee or other governing body), or grant utility, access or other easements to adjacent owners.

McGuireWoods LLP

1750 Tysons Boulevard
Suite 1800
Tysons, VA 22102-4215

+1 703 712 5000

+1 703 712 5050

info@mcguirewoods.com www.mcguirewoods.com
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Authors



McGuireWoods LLP has a diverse real estate practice of more than 80 lawyers and land use planners in its offices in Tysons, Charlottesville, Richmond and Norfolk, with skills in a wide range of traditional and non-traditional real estate transactions. The firm’s transactional representation spans all aspects of real estate acquisition, development, financing and disposition, including acquisition, sale, leasing and financing transactions, as well as project finance, construction, public-private partnerships, negotiation of local and state incentives and privatization transactions. The team respresents clients around the world on various sides of such transactions, including Fortune 500 companies. The transactional practice is complemented by the firm’s land use expertise, as it frequently handles zoning and land use matters for development projects.

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