Even if easement rights are not used for an extended period, it would be a mistake for an owner of property burdened by such an easement to assume the other party’s easement rights have been abandoned.
When it comes to real estate, vision and determination can lead to extraordinary results. But, dreams and project realities are often separated by complex issues, which can slow or stall projects of all types and sizes. At Fredrikson & Byron, our attorneys help clients from the ground up.
What We Do
Not only have we negotiated hundreds of purchase, sale, lease, development, finance, and construction deals in virtually all market segments but we get these deals done. We have more than 60 years of experience of successfully closing client deals for everything from industrial parks and office buildings to shopping centers, housing developments and mixed-use projects. Our ability to help clients complete deals was recognized by Midwest Real Estate News, which placed Fredrikson & Byron as a top Minnesota law firm.
- Purchases and Sales. We advise sellers and buyers on all issues related to the sale and purchase of real estate, including contract negotiation, due diligence, title examination, physical condition of properties, zoning and regulatory matters, environmental matters and closing the transaction.
- Leasing. We represent landlords and tenants in all types of lease transactions, including retail, office, industrial, ground and warehouse space leases. Our attorneys skillfully help clients achieve their goals in a cost-effective way.
- Financing. We regularly represent both lenders and borrowers in structuring, documenting and closing loans and other credit facilities. In addition, our nationally recognized public finance practice gives us the expertise to act as bond counsel, lender’s counsel or borrower’s counsel in bond financings.
- Construction. We have experience in all aspects of the construction process, including negotiation and drafting of design and construction contracts, project finance, bid issues, change orders, extension of time and disruption claims, mechanics’ liens, bond claims, mediations, arbitrations, litigation and project close-outs.
- Land Use and Environmental. Our attorneys have substantial experience advising real estate owners, developers and investors regarding the numerous legal, business and regulatory issues that arise in connection with development projects across the country. This work includes expertise in guiding clients through complex land use issues and in working with federal, state and local governmental authorities to get projects done. We also have experience representing clients through the sale, purchase, financing and development of contaminated “brownfield” sites. Additionally, we frequently advise clients on land use development and redevelopment challenges, municipal zoning appeals, environmental review and compliance issues, and environmental disputes and claims.
- Condominiums/Townhouses/Cooperative We have experience in structuring residential and commercial common interest communities. We help our clients create large mixed-use commercial/residential master association developments, or convert previously occupied properties into commercial, residential or mixed-use common interest communities.
- Multifamily Housing. We provide a full range of services related to multifamily and senior citizen housing, including land acquisition, land use and environmental approvals, real estate tax analysis and planning, structuring the appropriate ownership entity, and arranging financing. Our attorneys understand complex multi-layered financing structures involving HUD, Fannie Mae or Freddie Mac loans or credit enhancements, subordinate debt, and local, state and federal grants.
- Workouts and Foreclosures. We have successfully negotiated and implemented a multitude of reorganizations and other loan restructurings. Because we have represented many different interests in troubled real estate projects, we offer practical advice to clients who want to preserve maximum value in an adverse situation.
- Real Estate Tax Planning. We provide tax planning advice to clients, which helps them reduce or eliminate the tax consequences of real estate transactions.
Purchases and Sales
- Acquisition of the largest hotel in Reno, Nevada
- Acquisition of Rand Tower, Minneapolis, Minnesota
- Acquisition of One Financial Plaza/now CP Plaza, Minneapolis, Minnesota
- Acquisition and renovation of Midland Bank Building, Minneapolis, Minnesota
- Acquisition of Soo Line Building, Minneapolis, Minnesota
- Represented Riverland Ag Corp. in the acquisition and sale of multi-million dollar grain facilities in the Midwest
- Represented Xcel Energy in negotiation of build to suit lease in Downtown Minneapolis office building
- Negotiation of law firm office lease for 150,000+ square feet
- Represents Buffalo Wild Wings throughout the United States and Canada in connection with the leasing and development of new restaurants; in 2012, 32 new transactions were completed
- Represents Aldi, a German-based multinational food company, in the lease or acquisition of Aldi stores in Minnesota; represented the company in the acquisition or leasing of 28 stores currently operating in Minnesota as well as in the lease or acquisition of additional stores in Wisconsin and Iowa
- Financing of conversion of historic building into rental housing units in Dallas, Texas
- Financing of purchase and renovation of Reno Hilton, Reno, Nevada
- Financing of purchase and renovation as hotel of Midland Bank Building, Minneapolis, Minnesota, including rehabilitation tax credits
- Financing of purchase and renovation of One Financial Plaza/now CP Plaza, Minneapolis, Minnesota
- Financing of Minneapolis Hilton Hotel, Minneapolis, Minnesota
- Defended $20 million claim against contractor client by owner of ethanol plant in Alberta, Canada
- Negotiated more than $1.5 billion in construction contracts for local educational institutions
- Successfully defended $8 million delay claim against contractor client
- Complete renovation of the Midland Bank Building, Minneapolis, Minnesota, into The Hotel Minneapolis
- Construction of manufacturing plant, Durant, Oklahoma
- Financing and development of multifamily housing in St. Louis Park, Minnesota
- Financing and development of senior housing project in Minnetonka, Minnesota
- Represented the Builders Association of Minnesota in a lawsuit against a city regarding building permit fees charged by the city
Land Use and Environmental
- Represented commercial developer in all aspects of joint-venture for office project that involved $50+ million construction project and $70+ million of construction financing
- Represented commercial developer in acquisition, subdivision and redevelopment of old shopping center site for redevelopment for new grocery-anchored mixed use project
- Represented publicly-traded automotive retailer in seeking and obtaining local zoning approvals for development of multiple Twin Cities locations
- Represented multiple developers and builders in obtaining entitlements for and negotiating development agreements relating to numerous residential developments throughout Minnesota
- Represent large national retailer in siting and permitting new stores; work includes obtaining all land use and environmental permits, platting, negotiating development agreements and development fees, and completing environmental reviews
- Negotiate and close on the sales of multinational industrial manufacturer’s legacy brownfields properties and closed factories, some of which dated to the early twentieth century
- Successfully navigate wetland and storm water laws for developers tackling raw land projects
- Obtained required local land use permits for international natural gas pipeline that crossed Minnesota
- Regularly represent both homeowner’s associations and owners in transactions and litigation involving condominiums, townhouses and cooperatives
- Represented homeowners in lawsuit against association involving association’s denial of homeowner’s plans to build a modern home
- Numerous conversions of residential apartment buildings in St. Paul, Minnesota, to cooperatives
- Pre-construction formation and purchase of commercial condominium unit in International Centre, Minneapolis, Minnesota
- Purchase of rental townhomes in Kansas City, Missouri and assumption of existing financing
- Sale of 384 units of rental housing in Denver, Colorado
- Purchase and financing of multifamily portfolio in Des Moines, Iowa
- Purchase and financing of portfolio of multifamily housing in Omaha, Nebraska
Workouts and Foreclosures
- Represented foreclosing bank on hotel property in Shakopee, Minnesota
- Represented court-appointed receivers on various complex workouts and foreclosures throughout Minnesota and Wisconsin
- Workout and restructuring of ownership of The Hotel Minneapolis, Minneapolis, Minnesota
- Handled commercial foreclosures and workouts for Marquette Bank, Minneapolis, Minnesota
- Restructuring of ownership and management of International Plaza Partners LLC, representation in foreclosure and receivership litigation, and restructuring and refinancing of existing debt relating to a multi-tenant, mixed use real estate project in Bloomington, MN
- Represented a national bank on the foreclosure of large condominium project
News & Articles
October 28, 2020
Designed to prevent ownership of land from being controlled forever (or in perpetuity), the Rule Against Perpetuities provides that a contingent interest must vest within 21 years of a life in being. This definition includes many words that need to be defined for full context.
October 19, 2020
It is not always clear whether materials such as clay, gravel and sand are subject to mineral reservations – or whether those materials belong to surface owners.
September 3, 2020
While many would define the “crop year” to be the time between harvests, that definition can cause confusion in long-term agricultural leases, especially where the tenant-farmer intends to raise different crops during the lease term.
May 27, 2020
Depending on the circumstances, parties exchanging electronic messages may unwittingly create a binding contract to buy or sell real estate.
May 20, 2020
Landlords and tenants are familiar with the term “covenant of quiet enjoyment,” but they often misunderstand the meaning of that covenant.
May 11, 2020
Minnesota landowners may have heard the term “torrens” when dealing with title to their property, but most are unsure of the term’s meaning or its origin.
April 28, 2020
On April 20, 2020, the price of West Texas Intermediate crude oil dropped to a historic low of negative $37 per barrel.
April 20, 2020
We have all heard that “possession is nine-tenths of the law,” but is that true?
April 13, 2020
Many Minnesotans know that “maximum load per axle” signs have something to do with road restrictions, but most Minnesotans don’t have an understanding of what the phrase actually means.
April 9, 2020
The current pandemic has provided an opportunity for many of us to watch old movies. In the 1955 Western film “Man Without a Star,” Kirk Douglas’ character risked his life to preserve the barbed-wire fences he installed across the open prairie of the American West. It seems hard for many of us to believe now, but in the late 19th Century, the fencing of open range was a matter of paramount importance. Even today, North Dakota’s laws reflect the tension between allowing livestock to roam freely and keeping them confined to their owner’s property.
March 31, 2020
Under the CARES Act, borrowers with an HUD, Fannie Mae or Freddie Mac mortgage loan on a property with five or more residential units may be eligible for mortgage payment forbearance for a period of up to 90 days if they are experiencing financial hardship caused by the COVID-19 emergency.
Minnesota Governor Issues Executive Order Suspending Most Residential Evictions and Writs of Recovery During COVID-19 Emergency
March 24, 2020
By Kyle W. Ubl
In addition, the Governor has asked holders of residential mortgages to refrain from foreclosing and charging late fees during the COVID-19 emergency, although these requests are non-binding at this time.
March 16, 2020
Minnesotans often have questions about their legal rights and responsibilities in dealing with water and the damage it can cause their homes and other real property.
October 29, 2019
Fredrikson & Byron, in association with Faegre Baker Daniels, acted as legal counsel to APi Group, Inc. in its sale to J2 Acquisition Limited for approximately $2.9 billion.
March 1, 2018
The IRS audit rules for all partnerships (including LLCs that are taxed for income tax purposes as partnerships) have changed dramatically.
June 13, 2017
When it comes to trees, Minnesota law allows neighbors to take the law into their own hands under the right circumstances.
June 2, 2017
Governor Dayton has signed into law House Bill 1538, which adds additional requirements for condominium and townhome homeowners associations wishing to bring construction defect claims against developers.
Attorney Mark Savin Will Address the Effects of Sea Level Rise on Property Rights at International Conference in the Hague
October 17, 2016
Eminent domain lawyer, Mark Savin, will speak at the 13th annual Brigham-Kanner Property Rights Conference in The Netherlands, October 21, 2016.
October 13, 2015
By Joseph G. Springer and Haley Waller Pitts
In a decision issued on October 13, 2015, the Minnesota Court of Appeals struck down the building code mandate requiring installation of fire sprinklers in larger homes promulgated by the Minnesota Department of Labor and Industry (DLI).
September 1, 2014
By Christopher J. Dolan & Maher Abduselam, Summer Associate, William Mitchell, 2016
This legislative update contains information on changes in real estate law passed during the 2014 Minnesota legislative session affecting real estate developers, property managers, owners, investors, lenders, and debt management and settlement services. All legislation is effective August 1, 2014, unless otherwise noted.
August 4, 2014
Fredrikson & Byron attorney Kristin N. Blenkush was recently named a Certified Real Property Law Specialist by the Minnesota State Bar Association (MSBA).
Cities Are Back in the Variance Business: Legislature Removes Roadblock to Variance Applications by Making Much-Needed Changes to Variance Statutes
August 1, 2011
In 1989, the Minnesota Court of Appeals issued its decision in Rowell v. Board of Adjustment of Moorhead. In this decision, the Court of Appeals adopted an interpretation of Minnesota’s municipal variance statute that provided a flexible, owner-friendly standard for cities to use when evaluating variance applications.