Municipalities often require new residential projects to include commercial or office components to promote density and sustainability. How should space be used, serviced and defined?
We consider all the ways in which investments and space can be maximized, including rights of superficies, lease structures, air rights, subdivisions, co-ownership agreements, shared services, reciprocal agreements and by-laws.
Developers often want to maintain control over specific portions of their project. By ensuring the autonomy and liquidity of these components, Fasken helps our clients keep options open as sites mature.
We’ll draft documentation that clearly and concisely sets out the rights and obligations among various components. This has the dual benefit of supporting the long-term viability of a project and its different uses and also reducing the risk of conflict.
Our advice extends to management, governance, and interactions among various owners in mixed-use projects.
Our offices across Canada can simultaneously handle complex regulatory approvals, land acquisitions, dispositions, leasing and financing transactions in multiple locations and jurisdictions. The real estate team is nationally recognized for its expertise in complex transactions. Fasken is ranked as a leading group by respected publications such as Chambers Canada, Legal 500 and Best Lawyers.
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