Real Estate

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Legal Support for Transactions and Deals

Our high-level team provides comprehensive advice on real estate, including:

  • Compliance assessment of transactions (compliance with law, administrative requirements, permissions)
  • Contract drafting
  • Representation of clients dealing with state authorities regarding the completion of investment contracts

 

Due Diligence

Being a necessary part of the development of any real estate project/deal, due diligence can include analysis of the following:

  • Fullness and credibility of real estate item data recorded in the public register
  • Necessity to correct errors in the public register, to amend the item’s boundaries
  • Real estate use restrictions and encumbrances specified in the public register and stipulated by town-planning regulations, area development plans and title establishing documents
  • Possibility of real estate usage in accordance with the client’s goals
  • Applicable tax and rent fees
  • Real estate transferability
  • Risk assessment of the real estate premises being considered as an unauthorised construction, or the acquired title considered invalid
  • Risk assessment of the real estate deal being challenged
  • Necessity to make changes about the real estate item in the public register
  • Assessment of the possibility of third parties to claim the title on the real estate, or the risks of seizure/encumbrance of the real estate for public needs
  • Active disputes/conflicts that may affect a real estate’s respective transaction
  • Chain-of-title due diligence, as well as information about the beneficiaries when the real estate item is owned by a company (including transnational)

 

Dispute Resolution

MGAP successfully represents clients in a wide range of conflicts in connection with immovable property. Our experience includes:

  • Declaration of title to private and commercial premises – as well as construction works in progress – in courts
  • Unlawful use of property
  • Foreclosure proceedings against the real estate, and writ of execution proceedings
  • Division of immovable property upon fulfillment of investment contracts
  • Enforcement by state authorities to fulfill investment contracts with participation of the state, including issuing of permission documentations, removal of third party land users, etc.

MGAP’s lawyers have substantially  contributed to the establishment of court practice in the recovery of civil damages against state authorities on the grounds of unilateral termination or change of construction of commercial real estate.

Related Professionals

NATALIA MARTYNOVA

Tbilisi, Partner, LLM, Head of Tbilisi Office

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AMIRAN GOGIBERIDZE

Moscow, Partner, Advocate

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