Fisher Jones Greenwood has a highly experienced and well respected Commercial Property team. Ellen Petersen heads up the team and is based at Charter Court on Colchester Business Park. The team has significant scope and experience in dealing with all aspects of commercial real estate; from complex negotiations, right through to completion of all aspects of property-related transactional work. All work undertaken by FJG is supported (where necessary), by colleagues who specialise in property disputes and litigation. Some of our areas of expertise include healthcare, farming, development, finance, port, and freight forwarding sectors, as well as general property work.
Our team can help with all legal aspects of commercial property leases (retail or office) and agricultural (farm business) tenancies, including the initial grant of a lease, lease renewals, variations, surrenders, forfeitures, sub-lettings and assignments. We can assist with every step of the leasing process from initial drafting through to ultimate completion including any Stamp Duty Land Tax and land registration formalities. In addition, we have a specialist litigation team which is able to assist in property disputes, where necessary.
Our team can assist with all aspects of the buying and selling of a corporate or other entity with property element. There are two instances when property is a part of the sale of an entity rather than the property asset alone (without a corporate ‘wrapper’): the first is where the main aim is to purchase a business, and all the assets that it holds, including property (for example a distribution business will have leases of warehouses which are integral to its operations).
The other is where the main aim is to purchase the property itself, as an investment or development opportunity. It has become common, for tax reasons, to hold property in special purpose vehicles (companies, units trusts, and partnerships being some of the most common holding structures, sometimes offshore). In either scenario, a sale agreement of some description will be required, along with due diligence on the company and its assets and liabilities (including property), and the commercial and commercial property team can assist with this, having extensive experience of both aspects.
Joint ventures have become a way in the current market to invest in and develop property without one party taking all of the risk and/or putting in all of the funds. This has become particularly attractive as bank finance has become harder and harder to achieve, particularly for speculative projects.
Our team can assist you in advising on the form and structure that the joint venture might take; be that via the creation of an entity and a governing agreement (i.e. shareholders agreement or partnership deed or similar) or be that via a contractual arrangement. We can help you in formulating the objectives of the joint venture, the controls that you as the client need to achieve vis à vis the other parties and how the joint venture and underlying property will be managed, where decisions are made, and what control each party needs to retain. We can also assist on default provisions and the ultimate exit strategy, as well as incentive arrangements for managers, including overage and/or enhanced profit-sharing arrangements.
Our team can assist with all aspects of asset purchase and disposal and the conveyancing process, be that of the whole or part, freehold or leasehold, and including plot sales post-acquisition. We can deal with the entire transaction, from initial sale agreement and due diligence process, through to the stamp duty land tax and land registration requirements post-completion.
Our team is experienced in pulling together complex sites for development through to more simple transactions where a few additional pieces of land are required. We can advise on all methods of acquisition, including pre-emption rights, option agreements, and agreements for lease; as well as in relation to the title itself and any features of it which might affect the development potential of the land. [We can also assist in relation to planning permissions and the associated statutory agreements, such as s106s’, and construction agreements, and warranty protections.
Our team also has experience in acting for solar panel and wind farm companies who lease airspace on roofing, and take leases of undeveloped land to site solar panel fields and/or wind turbines, and we are aware of the special requirements that these leases require, for example, special consideration needs to be given to repair, yield up and access and maintenance requirements.
We are instructed by Port of Tilbury and its various trading arms in connection with various commercial property-related work at Tilbury Dock, Chatham Dock, and other ports. We, therefore, have extensive experience of port-related matters including the relevant statutory controls and powers, by-laws, and harbour provisions.
Our team has extensive experience in acting for funders of property projects and in respect of the reporting required by a lender in order that it can make an informed decision in terms of the risk profile of the proposed transaction, as well as advising in an enforcement situation.
We offer construction law services alongside our other commercial real estate, corporate & commercial, and dispute resolution services. To find out more, please click here to go to our dedicated construction law page.
We offer a comprehensive planning consultancy service alongside our other commercial real estate services. To find out more, please click here to go to our dedicated planning page.
Whether you need help with a small-scale storage unit or a large-scale office block, a village hall or a retail park, when it comes to the legal intricacies of commercial property, we’d love to work with you and help your plans take shape.
Whatever you need the outcome to be, start working with FJG to unfold the potential of your project.
In fact why not have a bit of fun at the same time and get involved with our #FJGOrigami. Simply download the PDFs at the links below (there will be four to complete) and let us know how your #FJGOrigami takes shape.