REAL ESTATE &
PROPERTY

Acquisitions and Dispositions

• Devise and negotiate tax-efficient ownership and joint venture structures for developers and investors, often involving numerous layers of debt and equity

Finance

• Handle all aspects of real estate finance, including commercial mortgage loans, collateralized debt obligations, mezzanine financing, construction and permanent financings, portfolio loan acquisitions, subordinated debt financing, syndicated loans and participations, sale-leaseback financings, synthetic leases, preferred equity investments, public offerings, and repurchase facilities

Land Use and Zoning

• Assist owners, developers, and investors with all facets of land use and zoning, including planning, development, entitlement, operation, and leasing
• Work to secure critical approvals, such as comprehensive plan amendments, special exceptions, rezonings, variances, special use permits, bond approvals, wetlands permits, and subdivision and/or site plan approvals

Real Estate Leasing

• Represent landlords and tenants on the leasing of office, industrial, warehouse, and retail space

Corporate Facilities

• Assist clients with the acquisition, entitlement, financing, and development of corporate, R&D, and manufacturing facilities
• Structure leases, build-to-suits, sale-leasebacks, and synthetic leases for all types of corporate facilities

Construction and Development

• Advice on all aspects of development and construction, including land acquisition, zoning and entitlements, property covenants and restrictions, and acquisition, construction, and permanent financings
• Draft and negotiate contracts with contractors, construction managers, architects, and engineers

Hospitality

• Advise lenders, developers, owners, and operators of hotel, resort, gaming, fractional, and private residence club properties on all aspects of involvement in the hospitality industry

Joint Ventures/Funds

• Assist in the formation of limited and general partnerships and joint ventures for real estate acquisition and development
• Advice on corporate, tax, and antitrust matters

Real Estate Fund Formation

• Work with fund managers and sponsors to develop and apply efficient strategies for forming real estate funds and tailor funds and pooled investment vehicles to target investors
• Structure and implement upper-tier relationships among principals of real estate funds and related management structures
• Advice on applicable Kenyan regulatory requirements

Conservation & National Reserves

• Assist clients with the acquisition and disposition of lands, the creation of conservation easements, the creation, and restructuring of access easements, and water rights agreements.
• Advice on the regulatory environment on wildlife and conservation trusts.

Data Centers

• Provide comprehensive solutions for our clients in planning, zoning, acquiring, financing, constructing, and leasing data centers, both domestically and internationally
• Counsel on the strategic planning, zoning, contract negotiations, and leasing of centers once fully constructed

Restructuring of Distressed Real Estate

• Advise clients in purchasing and disposing of distressed real estate, including large portfolios, mortgages, and other forms of indebtedness
• Work with lawyers in our bankruptcy and litigation practices to handle all aspects of loan workouts, restructurings, and foreclosures, both inside and outside of court

Buying a new home is an exciting life event but it can feel overwhelming when starting the process. Whatever process you choose, from mortgage or other real estate financing product, self-supervised construction, or upfront cash payments, our law firm is here to help you.

Our real estate & property lawyers are here to help you navigate the path to due diligence, exchanging contracts, and moving into your new home above and beyond your expectations including insurance advice for home insurance policies, contractor agreements, restructuring advice when dealing with lenders.

Accessing easily understood and straightforward legal advice has never been easier with Clay & Associates Advocates.

Not every real estate deal or real estate relationship goes perfectly. Sometimes you will need to go to court to protect your interests.

Our real estate litigators know Kenyan land laws and how a judge might understand property law.

Typical types of real estate litigation include beacon or boundary disputes, adverse possession, defects in title, disputes related to charges, tax including capital gains tax and stamp duty, lender disputes with banks or SACCOs, breach of contract cases, landlord-tenant matters, and commercial lease termination disputes.