Cape Girardeau Real Estate Lawyer

Missouri Licensed Real Estate Lawyer and Certified Public Accountant

The purchase or sale of real estate should always include a written contract to safeguard you or your company. A high-quality, meticulously written real estate contract can prevent misunderstandings and help avoid hostile litigation in the future. Our firm has drafted many real estate contracts on behalf of clients.

It is rare that you find a skilled Cape Girardeau real estate lawyer who is also a Certified Public Accountant. But that’s what you get in Attorney Kelvin Birk. Not only does he understand the ins and outs of real estate law, but he can also guide you through the financial side of real estate transactions. He anticipates clients’ needs and proactively recommends legal and financial solutions that produce advantageous real estate transactions.

Missouri Real Estate Transactions and Disputes

We also handle real estate litigation and disputes. We can argue aggressively and persuasively on your behalf if a real estate transaction winds up in court, whether you are suing someone else or you’re being sued yourself. In this geographic area, easement disputes arise frequently, especially on farms and other rural real estate.

We have handled all matters of real estate law, including:

• Sales
Including land developments, commercial buildings and farms

• Development
Whether you’re developing a subdivision or retail shopping area, there are legal ins and outs of property development that you must stay abreast of. One wrong move and you could incur fines or get caught up in time-consuming zoning red tape.

• Land disputes
Sometimes you and a neighbor may not see eye to eye on property boundaries. Or you and a family member could disagree about who inherited your parents’ real estate. We represent clients in all kinds of land disputes.

• Litigation
While we always try to resolve real estate issues amicably through negotiation, sometimes contentious disagreements wind up in court in front of a judge. We are not afraid to argue aggressively on a client’s behalf inside a courtroom.

• Easement disputes
Local municipalities sometimes hold easements across properties that are either unclear or outdated. If you have a property that includes a public easement, it can be tricky to survey or build on. Our Cape Girardeau real estate lawyer can help you reach agreements with local officials or challenge them in court.

• Real estate partition lawsuits
A partition action arises when one owner of jointly held property wants to split from the other co-owners of the real estate. A real estate partition lawsuit can be filed by one of the co-owners, or by multiple co-owners if there are more than two owners.

• Mechanics’ liens
A mechanic’s lien is a security interest in the property title that protects anyone who supplied labor or materials that improve the property. It is designed to provide recourse for contractors and sub-contractors who remain unpaid or suffer breach of contract.

• Boundary disputes
When land surveys are decades old, as they sometimes are in rural areas, property boundaries can get hazy. Therefore, boundary disputes can arise between farmers as well as homeowners. Our Cape Girardeau real estate lawyer represents clients in these matters.

• Water disputes
Where farming and irrigation are concerned, legal rights to water supplies are very important. Sometimes water rights become conflicted among multiple parties, and water disputes arise.

• Development of subdivisions
There are a lot of moving parts when developing a new housing subdivision, and typically a strict timeline and budget exists that everyone must adhere to. However, there are often unexpected events or delays that can cause conflicts to arise, and we can help resolve these. Also, we can help with zoning requirements, sub-contractor agreements and multiple other legal issues.

• Restrictive covenants
A restrictive covenant is any legal agreement that requires a buyer to take a specific action or abstain from taking such an action. Restrictive covenants are binding legal requirements in real estate transactions which can be found in various documents. A subdivision will almost always have a Restrictive Covenants Agreement that the developer “attaches” to the real estate. Restrictive covenants can also attach to the land through other documents, such as a deed.

• Zoning disputes
Real estate buyers and sellers often wither at the thought of having to go before a local zoning board to get the permission they need to develop a property. Property owners can also have zoning disputes between themselves. Our Cape Girardeau real estate lawyer is adept at negotiating these issues and making presentations to zoning boards.

• Landlord/tenant law
It’s always a sticky wicket when you’re a landlord and have a tenant who is in arrears, has damaged the property, or is otherwise not meeting the terms of a signed lease. Our attorneys are well-versed in landlord/tenant law and can help with these issues.

• Adverse possession
Adverse possession is a legal doctrine allowing someone who resides on or possesses someone else’s property for an extended period to claim legal title to that real estate.

• Petitions to quiet title
An action to quiet title is a lawsuit to establish a party’s legal title to real estate. It is designed to “quiet” any challenges or claims to the title so that a transaction can be completed or a seller/buyer can resolve disagreements. Our Cape Girardeau real estate lawyer can work swiftly to petition for quiet title on your behalf.

• Filing a Notice of Lis Pendens
A notice of lis pendens puts on record that a lawsuit is pending and that the property may not be sold without being subject to the lawsuit.

• IRC 1031 tax-deferred exchange of real estate
In real estate, a 1031 exchange is a swap of one investment property for another that allows the owner to defer capital gains taxes. It gets its name from the IRS code Section 1031.

These are just a few of the many types of property transactions and disputes that our Cape Girardeau real estate lawyer can help with. At Birk Law Firm, we are adept at handling cases that involve multiple parties with competing interests.

A Cape Girardeau Real Estate Attorney with CPA Designation Can Leverage Tax Opportunities

There are many financial and tax implications involved in real estate transactions, and attorney Kelvin Birk proactively manages these multiple dimensions of real estate law. As a cattle ranch owner, businessman, CPA and attorney, he can address every aspect, from negotiating buy-sell agreements to leveraging favorable tax opportunities.

He also knows there are times to negotiate real estate transactions and times to let the other party know you mean business by pursuing litigation. While we make every effort to work toward civility, we are prepared to go to battle for you. We have represented real estate transactions ranging from a few thousand dollars to millions of dollars. We give each one the attention it deserves, regardless of the dollar amount.

Examples of our expertise include:

• Birk Law Firm represented a party in one of the most contentious, drawn-out easement disputes in Cape Girardeau County. We ultimately negotiated a settlement between the three parties in the lawsuit shortly before trial.
• We also represented the purchaser in a multimillion-dollar transaction involving multiple rental properties.

Contact Our Cape Girardeau Real Estate Lawyer Today

If you’re looking for that rare combination of a Cape Girardeau real estate lawyer who is also a CPA, then attorney Kelvin Birk is your answer. With more than 30 years of experience, there are few real estate transactions or disputes that he hasn’t resolved successfully on behalf of clients. He anticipates clients’ needs and proactively recommends legal and tax solutions that produce advantageous results. To learn more about how Birk Law Firm can help you with your real estate needs, call us for a consultation at 573-332-8585.

Client Testimonial

“Kelvin is very easy to talk to. Respond everything in an very efficient way. He answers every phone calls. You can get hold of him any time in business hours. We know this is something very hard for any attorney to achieve, he did it. He is very knowledgeable, organized and hard working. We definitely will go back to him in the future if we come across any legal matters.” – Brian Thomas (Google Review)