Real Estate

The Rabb Law Firm, based in Bozeman, Montana, prides itself on its trustworthy, professional real estate practice group. Our competitive edge in real estate law is two-fold. First, our attorneys and staff members bring years of practical experience from the institutions and professions that work in real estate every day. Second, our firm’s other core practice areas are the areas of law that most frequently arise in tandem with real estate property law.

Our firm is tailored to provide real estate representation throughout the Mountain West, including Montana, Wyoming, and Colorado. Our real estate attorneys excel due to the knowledge and experience brought by the owner and practice group leader, Michael L. Rabb.

As real estate law is an incredibly broad area, we encourage you to browse the sections below regarding common real estate legal topics, but keep in mind that we have not listed every topic we are prepared to address. If you need real estate legal representation, contact The Rabb Law Firm in Bozeman, Montana.

Easements in Real Estate Law

We use easements every day, and chances are high that you are using an easement right now. For example, the power or internet for the device you are using to read these words probably traveled over a utility easement. Every time you drive, bike or go for a walk, you will usually travel over a few, if not many, rights-of-way or access easements. The water in your taps also traveled through an easement. You may even have an easement from your neighbor that guarantees a view of the mountains out of your home or office window. However, even the humble access easement — giving one landowner access to their land over a neighboring property — can be very detailed.

Real estate attorneys at The Rabb Law Firm in Bozeman frequently draft, amend, and litigate easement agreements. Our goal is to make navigating your easement and other real estate law issues simple, while also protecting your property interests to the highest degree possible. The Firm can help you investigate, or create easement rights throughout the west and and on your properties in Montana, Wyoming, or Colorado. Easement agreements frequently outlast any given property owner, so it cannot be overstated that creating or understanding an easement can save you significant money and time in the future.

Unfortunately, poorly written easements and misunderstood easement rights are a common problem in the western United States. Our real estate law group has extensive experience litigating easements, and we are prepared to use that experience to negotiate or litigate your rights.

Residential Leases

Our real estate attorneys represent property management companies, landlords, and tenants expeditiously. We are experienced in handling and preparing:

• Leases and amendments

• Notice requirement compliance

• Evictions

• Actions for possession

• Deposit disputes

• Emotional support animal claims

• And many other legal requirements associated with renting real property

Whether you have just begun renting out residential property for yourself or you’ve been managing property for years, having an attorney to answer specific questions and deliver results quickly can improve efficiency, reduce exposure to a lawsuit, and increase the return on investment for you or your clients.

We encourage you to contact The Rabb Law Firm so we can help you determine if our office is suited to your legal needs. Please bear in mind, however, that our support staff will be unable to provide you with legal advice over the phone; the best way to determine how to move forward is to contact us and schedule a meeting!

Commercial Leases

Commercial leases must contemplate costs and liabilities to a much greater extent than most residential leases. Attorneys at The Rabb Law Firm are prepared to help you draft, execute, and enforce those agreements. Our real estate attorneys are experienced in negotiating and performing due diligence on a leased property. It is important to consider that lease obligations, particularly lengthy ones, can affect the value of your business or property. Should you need or wish to sell your Montana business or property in the future, an appraiser or buyer will often examine these commitments.

It is tempting to commit to a commercial lease without negotiating strongly for your position, but it is far too common for both landlords and tenants to sign these agreements before considering what provisions could be changed to better protect their interests. Our attorneys have prepared, negotiated and enforced numerous commercial lease agreements in Montana and throughout the western United States. If you are considering hiring an attorney to review or draft a commercial lease, contact The Rabb Law Firm to learn more about how we protect the profitability of your business and property for years to come.

Development & Financing for Real Estate

Like a stock or bond, the development of land is an investment. The owner of the land, like an investor in the stock market, expects a return on their investment. One feature of real estate law, however, that distinguishes it from other investments is that an owner or investor can borrow against the cost of acquiring and constructing their investment. In other words, the owner or investor leverages their investment; the word “leverage” simply refers to using borrowed capital to invest in something that will have a rate of return higher than the cost (interest) of borrowing that capital.

Financing is real estate’s life-line. Most, if not all, property developments are financed, at some point or another. Some financing is for an extended period of time – a 30-year mortgage – other financing can be for a brief period of time – construction loans. The type of loan, the purpose of the loan, and the terms of the loan dictate the investor’s rate-of-return on their investment.

Not only does financing of a development dictate the rate-of-return on that investment, but various laws and regulations can have a serious impact on the investor’s bottom line. Development of real property in Montana, Wyoming, Colorado, and many other western states is heavily regulated. The development could be subject to subdivision laws, will be subject to land/use law, and could require compliance with certain building codes and environmental regulations; like those imposed by the Montana Environmental Policy Act (MEPA), for example. Understanding what potential hurdles you will encounter is essential to protecting your investment and ensuring that the rate of return will exceed the cost of borrowing the capital. Discover how The Rabb Law Firm can help you with your property and real estate development goals!

Real Estate Law for Zoning & Covenants

Covenants and zoning regulations are common ways for private citizens and government bodies to make rules for the use and obligations of property. Occasionally, the role of covenants are confused with bylaws, the latter of which sometimes accompany covenants in the public record, but are intended to govern the functioning of a company or (in many cases) a homeowners association.

Our real estate attorneys in frequently draft, clarify, enforce, and litigate covenants and zoning regulations. These rules can be frustrating when they are erroneously interpreted to prevent you from using your land as you wish, but in many cases they also provide security and comfort to property owners. Unfortunately, they are sometimes considered an afterthought by many homeowners and developers. Our office regularly deals with issues relating to covenants which were thoughtlessly copied, sometimes even from other states. We urge developers to consider covenants and HOAs as a marketing point to their development, something that will increase property values when they are written to meet the particular needs of their development. We also encourage prospective property owners to investigate these encumbrances early in their purchasing decision, and for associations to revisit these documents regularly to ensure they are meeting the needs of the community.

Property Liens & Foreclosures

Real estate attorneys at The Rabb Law Firm represent financiers, businesses, and associations regarding their security interests in real estate property. When it becomes necessary to collateralize an obligation, our attorneys understand that you will need to do so quickly. Our attorneys can draft, record, and enforce security instruments such as liens, trust indentures, and mortgages.