Established in 1876, Capehart Scatchard is one of New Jersey’s longest-lasting real estate law firms. For over 145 years, we have developed a strong reputation for providing high-quality and cost-effective legal services to clients of all sizes and needs. Our emphasis on effective communication helps guide clients through the various aspects of real estate law.
Serving New Jersey, our experienced team has deep expertise in the areas of banking, construction, corporate law and environmental regulation, allowing us to provide exceptional guidance. Our firm is dedicated to providing comprehensive and ethical representation while maintaining reasonable fees. As a long-standing member of the Builders League of South Jersey, we assist the membership base with real estate, land use, banking, and commercial transactions.
Highlights of Our Real Estate Law Practice
By choosing Capehart Scatchard, you receive a host of real estate law services at competitive prices. We serve clients of different sizes across multiple industries.
The following are some of clients we represent:
- Commercial purchasers and sellers
- Residential purchasers and sellers
- Industrial
- warehouses
- Contractors
- Developers
- Landlords and tenants
- Nonprofit organizations
- Lenders
- Public entities
- Shopping centers
- Alternative energy projects
- Education/School Law
- Automotive
Real Estate Transactions
- Negotiation of terms and conditions of purchase or sale agreements to maximize protection of our client’s interests
- Explanation of residential mortgage financing documents
- Guidance when reviewing residential home inspection, termite/wood boring insect, or environmental assessment reports
- Thorough review of title searches, judgment lien searches, tideland searches and flood searches.
- If title problems are identified, our attorneys have experience working with title agencies to obtain appropriate endorsements or affirmative language to improve our client’s title insurance coverage
- Identifying and assisting with all issues related to deed restrictions, easements, rights-of-way or reversionary interests.
- Contingencies regarding mortgage financing, due diligence inspections and submitting applications for land development approvals.
- Careful review of surveys and disclosure of any easements, encroachments or boundary line disputes
- Guidance to satisfy the requirements for a 1031 exchange
- Assistance with the requirements of the New Jersey Bulk Sales Act
- Assist commercial clients with compliance of requirements for obtaining commercial mortgage financing and negotiating documentation
- Attendance at closings to address any outstanding or recently discovered issues
Land Use, Zoning & Permits
- Assistance with state, county, and local land use and zoning laws
- Processing applications for major and minor site plans, use variances, bulk variances, waivers, and zoning code amendments.
- Guidance with applications to county planning boards, or other county or state agencies
- Assist cannabis clients with:
- Coordinate with the Cannabis Dept.‘s applications for cannabis licenses from the New Jersey Cannabis Commission.
- Applications to obtain the requirements for a Resolution of Support from the local governing body and a conditional use approval and any necessary variances or site plan approval from the local Planning Board.
Condemnation – Eminent Domain
- Assistance throughout the proceeding, including the good faith negotiation phase. Our real estate lawyers have also prosecuted condemnation actions for railroad clients in NJ.
Environmental
- Careful inclusion of terms and conditions in real estate transaction documents to minimize a client’s environmental risk.
- Advise clients through the applicable permitting process, environmental regulation adherence, and proper procedures for cleanup and contamination.
- Counsel clients through New Jersey’s Industrial Site Recovery Act (ISRA) compliance.
- Assist with wetland issues and stormwater management problems.
Financing / Real Estate Tax & Appeals
- Assist with the negotiation and documentation of financing documents.
Real Estate Litigation
- Prosecute and defend claims related to issues concerning:
- Land use
- Contracts
- Construction
- Performance
- Title defects
- Environmental contamination
Solar Projects
- Assist solar developers with drafting lease, solar easements and obtaining permits and approvals from zoning and planning boards for all types of solar and/or battery storage projects
Workouts
- Navigate workouts, evictions, negotiations, loan problems, and mortgage loan restructurings and foreclosures.
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Do you have Real Estate & Land Use issue? Please contact us for a consultation
Real Estate & Land Use
Practice Chairs
Practice Highlights
Delivering Results
Some of our representative matters include:
- Represent various clients in all aspects of real estate matters, including commercial, office and shopping center leases, purchase and sale of residential, commercial, and industrial real estate and title issues.
- Represent residential and commercial developers in zoning and land use issues.
- Represent landowners and prospective landowners with respect to state and federal environmental compliance issues.
- Represented a shopping center before a local planning board in connection with expansion and upgrade of shopping center, relocation of existing tenants and negotiations of new tenant leases.
- We represent a broad spectrum of clients which include owners, developers, lenders, landlords and tenants, public entities, and nonprofit organizations in New Jersey and beyond. Practice attorneys provide services to insurance companies, automotive, manufacturing, chemical, automotive, glass, construction and development companies, banks, schools and universities, institutional lenders, and businesses and corporations of various types and sizes.
- Our real estate attorneys have represented owners, contractors, and developers in negotiating and executing construction documentation in a variety of construction projects. We take an interdisciplinary approach by consulting with our construction lawyers to avoid disputes or our Litigation Department to handle construction-related matters when litigation becomes necessary.
