22 December 2020 - Article
Real estate
Investing in real estate is about more than acquiring property. It's the heart of your business. It's a sanctuary for your family. It's a foundation for a better future.
Our real estate team advises on commercial, residential and non-profit deals on landmark properties and represents some of the most prominent individuals and institutions in the world. Watch our video to find out more.
Many real estate lawyers can handle the paperwork and property law, but at Withers we listen to your unique concerns and craft a comprehensive approach to your real estate requirements. ‘Working with our tax team we will ensure your real estate investment is structured in the most tax efficient manner. This is particularly important when buying internationally,’ says Henry Stuart, partner in the UK residential real estate team.
Real Estate Attorneys with unparalleled knowledge and experience
Our property solicitors have completed commercial, residential and non-profit deals for some of the most prominent individuals and institutions in the world. Whether we’re advising a tenth-generation land-owner in England, financing an international school in its expansion in Asia, helping a fund acquire a resort in Australia or structuring an investment in a mixed-use development in San Francisco, our team of property lawyers are discreet, cost-conscious and forward thinking, spotting potential pitfalls before anyone else.
Our strong relationships with institutional investors, financial institutions, surveyors and other industry professionals are important to us. Many of our landed estate clients have relied on the advice of our property solicitors for generations. But we also excel at explaining the intricacies of our markets to successful people who may be making their first foray into real estate investment.
High profile projects
Having acted in high-profile projects around the world, for clients including Yale University, Marriott Hotels, Great Ormond Street Hospital and the fashion brand MaxMara, our results speak for themselves. ‘At the end of the day it’s achieving something that’s really tangible’, explains construction partner Julie Teal. ‘It is rewarding not just for the lawyers, but for the client because they get the product they were looking for at the right cost. We give them a sense of control and the tools to do it right’.
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Get in touchOur real estate team advises on commercial, residential and non-profit deals on landmark properties and represents some of the most prominent individuals and institutions in the world.
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Real estate
Our real estate team advises on commercial, residential and non-profit deals on landmark properties and represents some of the most prominent individuals and institutions in the world.
The firm’s expertise was fundamentally important to us in resolving negotiations with the Inland Authority of Singapore. The dedication, meticulousness and practical advice provided saved us expense and further delays, and we’ve been glad to work closely with the team on a number of other projects since then, in which the service provided has been of a similarly high quality.
As one of the largest charities in the UK, we have complex and varied needs for legal advice. The scale and experience of the Withers’ team means that they understand the culture of our organisation and their approach is ethical, commercial and pragmatic, with impressive service delivery.
The firm provided timely and effective advice to us in the purchase of our current office and other investment properties in Singapore, and we returned to them for assistance when we came to sell some industrial units. The team’s efficiency and meticulous attention to detail greatly helped to simplify the process for us.
Withers has given us expert guidance on a wide range of issues, and always looks to the bigger picture of our work when formulating their advice. The firm’s lawyers are consistently helpful and responsive when dealing with us.
Withers has advised Ascot Racecourse for many years including setting up the corporate structure which is now responsible for the day-to-day management of the Ascot Racecourse. The team continues to provide guidance to our trustees on constitutional and governance issues.
We have benefitted from Withers’ construction team’s assistance on a number of our projects. The team understand the range of issues we face and provide valuable advice on how we can minimise risk when negotiating our appointment and payment terms, as well as compliance with our PI insurance requirements. We recommend them for their broad industry knowledge and responsive client service.
The team is an indispensable advisor to us, providing us with a full legal assessment of new project opportunities, and spotting issues before they arise. They are attentive, give swift and effective advice, and prioritise our needs.
The firm has been a companion of reliable assurance and counsel for the journey!
We at Lexicom Technology pride ourselves on our technical expertise and our transparent client relationships. Withers have been key advisors since our inception in 2006. Over the years they have provided invaluable advice to our growing business, representing us on both commercial and private client matters and over a wide range of subjects ranging from domestic property law to international commercial negotiation. They are eminently approachable and always extremely responsive to our enquires. In any arena they have provided a consistently substantial upper hand. I cannot recommend them enough.
We’ve used Withers for new leases and property-related disputes in London and their wider art team for issues involving international art transactions, and they have always delivered excellent advice. The team is deeply immersed in the art world, and their advice always reflects this.
Track record
State Bank of India in luxury hotel development
Rare purchase of a grouse moor
We assisted our client in the rare purchase of a grouse moor with over 5,000 acres of freehold land and sporting rights, including moorland, tenanted land, cottages and common rights. We took our client through the complexities of owning a grouse moor and the practical management issues a new entrant to ownership faces, including the advice on graziers rights over the estate.
A new global members' club
We are currently helping a new entity that is establishing a worldwide private members' club to include up to 65 five-star properties worldwide. We began by assisting on the debt financing with a bulge bracket lender. With locations expected to include Scotland, England, New Zealand, the US and the Caribbean, there are also numerous property deals in the works and we are negotiating management contracts to run the clubs.
A household name UK supermarket
With much of our history focused on acting for successful individuals, families and entrepreneurs, we are not afraid to go up against large financial institutions. In one complex case, we acted against one of the largest UK banks in a dispute relating to a loan for the development of a household name supermarket, and the use of an interest rate swap to ‘hedge’ the loan.
US medical company
1,100 acre estate
Purchase of a significant Grade II listed Country House, land, stables, cottages and equestrian facilities. The property had a spring water business (including source) attached to it, and the purchase required the preparation of an asset purchase agreement running alongside the property contract to acquire the assets and intellectual property rights of the bottling plant and water brand.
A New York financial services company
At Withers we like a challenge, so it is always pleasing to be presented with complex cases such as a reverse triangular merger on which we were instructed by a client that held extensive real estate in New York City and Long Island. Our client wished to transfer stock in the merger, and requested advice on shareholder liability as well as the state and city real estate taxes.
Thor Equities and Invesco
Via della Spiga 26 is a beautiful building in the 'golden triangle' of Milan, housing Dolce & Gabbana's flagship store as well as the offices of Tiffany & Co. We helped Thor Equities and Invesco to acquire the site, negotiating with a family who had held the property for generations and were initially locked in dispute between themselves. Our clients and the vendors were grateful for our help in brokering what had seemed an impossible deal.
Major UK shopping centre acquisition
Asian Sovereignty fund
Residential subdivision in California
Withers frequently advises on the subdivision of residential properties, which often can be complex in nature. For example, our lawyers in California have prepared sales and risk management documentation and disclosures for a successor developer of a luxury subdivision, advised on the legal governance structure for a commercial/residential subdivision, prepared sales and condominium association documents for a luxury ocean front condominium project and prepared sales and condominium association documents for luxury residential project, along with reciprocal easement agreement with adjacent hotel.
Residential real estate in California
Our team in California has deep experience regarding the buying, selling and negotiation of contracts for various residential properties. We have represented the seller of a 25 acre wine country parcel for the development of a luxury home and the purchaser of a resort home in an ultra-high end resort community, including negotiation of a construction contract for purchase of the residence. In addition, we have negotiated and prepared numerous easements with neighboring homeowners, represented a variety of condominium owners in matters involving homeowners associations and represented numerous purchasers of luxury homes and condominiums, including the review of titles and homeowners association documents and architectural guidelines.
Private club/hotel
Option transaction for a private airport
Private fiduciaries
Title review/claims
Industrial lease
Multifamily
A Roman Catholic Order
For a Roman Catholic Order, monetized real estate holdings to provide annuity for aging Sisters by entitling one portion of parcel for 79 single family homes (in concert with a leading developer) and using the proceeds to construct advanced “age-in-place” senior housing for Sisters; additionally, US$200 thousand per new home was dedicated to a private operating foundation for perpetual maintenance and public use of a 5.5-acre legacy garden, over a century old.
Semiconductor manufacturer surplus land subdivision
Lease to a prime developer for Marriott Hotels
Costa Rica wellness resort
Structured and documented a fund for purchase of an 880 acre parcel in Costa Rica, now fully entitled for development of a “wellness resort.” The offering was a full private placement memorandum under Regulation D, Rule 506, with blue sky registration in a number of states. Considerable interest has been shown by prospective end purchasers.
Roommate matching economy startup
Structured and documented a fund providing seed money for a sharing economy startup in the roommate matching space. Founders are accomplished, successful serial entrepreneurs in the “matching algorithm” field. The offering was a full private placement memorandum under Regulation D, Rule 506 (c), with blue sky registration in a number of states.
Washington State golf course
Windup of real estate fund
Conservation easement
Retail center / winery
Completed pre-development funding and entitlement of a “Wine Village” on one of California’s busiest traffic corridors. The Wine Village will lease to 17 wine shops and two restaurants. Combination of base rent and percentage rent from case sales will assure high long term profitability of this project.
Alameda County trophy home
Full representation of client in acquisition of the most expensive home ever sold in Alameda County, CA. Home is highly engineered and architecturally complex. Client did not use a real estate broker and relied instead on Withers for all due diligence, financing and insurance underwriting, plus the acquisition of a substantial art collection onsite.
Private lender loan modification
Longstanding client Pro-invest Group announces new hotels in Auckland as part of its partnership with IHG
The APAC hotels team has assisted Pro-invest Group to sign franchise agreements with Intercontinental Hotels Group for two 200 plus room hotels in Auckland, New Zealand – a Holiday Inn Express and a flagship EVEN hotel land, the first EVEN outside the five currently in North America. EVEN is IHG's new on-trend wellness lifestyle brand. Pro-Invest continues to roll out hotels as it deploys capital from its multi-million dollar hotel funds, on which we also advise.
Luxury hotel chain in Miami
Major Brazilian real estate investor
Assisted a major Brazilian real estate investor to immigrate to the US, start a new business, acquire US real estate and reorganize his Brazilian and offshore investments. This involved obtaining a new passport and visas, international tax and corporate structuring, real estate advice and business planning.
Brazilian family
Aided a Brazilian family with significant US commercial real estate holdings to restructure the ownership of this property to avoid US estate tax. Also devised arrangements for Brazilian residents to create legitimate structures that are protected from Brazilian taxation, permit efficient repatriation of capital to Brazil when needed and ensure optimal flexibility and family control to respond to changing needs and tax laws in the future.
Luxury hotel chain in California
Purchase of Ayers Rock Resort
Luxury hotel chain in Brooklyn
Build-to-suit lease and parking facility
New York construction/permanent financing
Luxury hotel chain in Los Angeles
Assisted a luxury hotel chain in acquiring a 50,000 square foot development property in downtown Los Angeles (which transaction included a bridge loan facility from a co-investor), as well as assisting the client with flipping the parcel to a third party purchaser (among multiple bidders) for a significant profit.
International sport club
International conservancy and sporting society
London rental investment
We assisted our client to acquire a significant rental investment property in Central London consisting of multiple short let flats and penthouses on long leases, We were particularly proud of completing on such a substantial deal in just 10 working days where a huge volume of due diligence was required alongside planning issues and restrictions.
Leasing matters for global fashion retailers and leading luxury brands
British perfume house's expansion in Asia-Pacific
Real estate acquisition and leasing matters in the PRC
Sale of the Four Seasons Hotel and Four Seasons Place in Shanghai
Management agreements with Accor Hotels
Pro-invest Hotels Group
Acquisition of leasehold interest and improvements on Vagaru Island
Establishment of Indonesian local companies, management agreement and timeshare arrangements
Australian real estate fund in global joint venture
Management, license, and villas management and maintenance agreements for The Nam Hai, Hoi An Hotel in Vietnam
Marriott International management and related agreement negotiations for the Ritz Carlton in Perth
Shun Ho Property Investments Limited acquisition of Newton Inn for HK$1 billion
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