Real Estate

Real estate development has fostered the continued growth of the Southwest Florida economy. Since 1924, the real estate attorneys at Henderson Franklin have offered our clients guidance in matters of:

Transactional Real Estate

Our attorneys handle all aspects of Real Estate law related to the acquisition, development, construction, sale, financing, exchanging and leasing of commercial and residential properties. We offer assistance with:

  • Single-family residential developments
  • Condominium developments
  • Commercial developments
  • Shopping centers
  • Office buildings
  • Apartment complexes
  • Hospital and health-related developments
  • Cooperative developments
  • Mobile home parks

In order to better serve the needs of our clients, many of our attorneys practicing in this area are authorized title insurance agents for Attorney’s Title Fund Services, LLC, Chicago Title Insurance Company, Fidelity National Insurance Company and Old Republic Title Insurance Company.

Community Association Law

This practice area includes representation in matters involving the operation of community associations and the rights, responsibilities and obligations of such associations and their members, including:

  • Condominium associations
  • Cooperative associations
  • Homeowners’ associations
  • Country club associations
  • Commercial property owners’ associations
  • Individual property owners

Real Estate Litigation

Real estate disputes may lead to litigation. Our Real Estate attorneys, in cooperation with our Commercial Litigation attorneys, can meet the needs of our clients in any type of real estate-related litigation. This includes not only representation of sellers, purchasers, borrowers and lenders, but also includes representation of real estate professionals such as brokers, agents and appraisers. We also have extensive knowledge in the handling of title insurance claims.

Eminent Domain (Condemnation)

Our eminent domain attorneys provide legal services regarding the acquisition of private property or property rights by governmental agencies and utility companies. Our attorneys represent private landowners, business entities of all types and sizes, as well as utilities and governmental agencies. In addition, we handle inverse condemnation matters arising when a governmental agency adopts a regulation having the effect of denying a property owner all economically viable use of his property.

Land Use & Environmental Law

Henderson Franklin attorneys represent both private and public interests in matters of land use and environmental law, permitting, zoning, litigation and related legal matters. Our attorneys represent individual property owners, developers, businesses and other organizations in obtaining necessary approvals for the use and development of land, defending enforcement actions, managing environmental risks, regulatory compliance and due diligence investigations.

Our Land Use attorneys serve the special needs of landowners, developers, businesses, financial institutions and others involved with the use of land. We regularly appear before federal, state and local governmental bodies and agencies regarding matters related to:

  • Zoning
  • Variances, special exceptions and conditional uses
  • Comprehensive plans and plan amendments
  • Developments of regional impact
  • Platting and development permitting
  • Due diligence investigations
  • Hazardous waste
  • Wetlands regulation and permitting
  • Surface water management and permitting
  • Wildlife and endangered species

We work extensively with various governmental agencies to secure necessary permitting and approvals. Our attorneys represent clients in Lee, Collier, Charlotte, Hendry and Glades counties at administrative hearings and in civil litigation involving rezoning and comprehensive plan amendments, environmental permitting and enforcement issues.