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Real Estate

Peru

We render legal advice on the development of real estate and urban projects comprising the study of property titles, designing and structuring of contractual, tax and financial aspects of the project; likewise on the drafting and negotiation of construction contracts referred to surface, usufruct, leasing, purchase, option, concession and administration and guaranty trusts. We have a specialized cross-disciplinary team of engineers, geographers and community coordinators with extensive experience on negotiation, acquisition and comprehensive restructuring of real estate properties.

CMS Grau´s Real Estate legal team participate in advising companies dedicated to the development of hydroelectric, mining, hydrocarbon, agricultural, infrastructure and real-estate projects. Due to the needs of our clients, we search and identify lands for its purchase, rural and urban real estate property rights title studies, negotiation and acquisition of lands and its physical-legal diagnosis and restructuring when applicable. As part of real estate property research, we have identified lands for agricultural purposes, with optimal conditions for housing and a variety of investments projects. We also have vast experience on the elaboration of title studies aiming to identify property ownership and assessments that affects the areas of interest of our clients; possible land overlapping and conflicts that may affect the properties of interest.

We have developed large scale of property rights studies for all kinds of projects such as highway construction, agricultural, hydroelectric, Aeolian plants, mining, and tube installation, among others. In some cases our advice comprises the identification of different possessors occupying the land. In addition, our team has vast experience on the study of urban land rights for the implementation of commercial and housing projects including the analysis of all legal permits to carry on the Project.

As part of the negotiation and land purchase, we have participated in the acquisition of different rural land (private and communal); in the negotiation of easement rights for the installation of electric transmission lines and transportation tubes as well as in the acquisition of property and easement rights regarding state-owned lands.

CMS Grau has participated in the physical and legal restructuring of real estate properties.  We have vast experience on land rectification, topographic mapping and survey, ad hoc cadasters, the approval of proceedings for urban enablement, land use modifications and registration of lands records at the Public Registry, acquisitive prescription proceedings from domain and replacement titles, elaboration of land restructuring strategies, among others.  Furthermore, CMS Grau has participated in different due diligences that allowed the acquisition of assets and shares of mining and retail related companies.

For the construction of  buildings, our team is comprised of skilled professionals in negotiating and drafting construction contracts, supply contracts and operation contracts, evaluating and recommending the type of contract as well as the recruitment system that best suits the project´s and client´s necessities.

We stay close to our client during the whole execution of the project, solving any questions that may rise from the fulfillment of the contractual obligations and the applicable regulation. It is worth to highlight our expertise in dispute resolutions related to the execution of the project and consulting services.

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    14 January 2021
    The rise of the glob­al ex­pert ser­vices prac­tice: Court of Ap­peal guid­ance...
    A Court of Ap­peal de­cision earli­er this week has up­held an in­junc­tion gran­ted by the TCC pre­vent­ing an in­ter­na­tion­al ex­pert ser­vices firm from act­ing for more than one party to an in­ter­na­tion­al con­struc­tion...
    27 August 2020
    Tail­ings Man­age­ment and New Stand­ards of Reg­u­la­tion
    Tail­ings dam fail­ures have put the min­ing in­dustry in the head­lines for the wrong reas­ons in re­cent years. Dam fail­ures can have dis­astrous con­sequences in terms of loss of life and en­vir­on­ment­al dam­age...
    07 August 2020
    Treaty claims for can­celled or mod­i­fied in­fra­struc­ture pro­jects in the...
    A re­cent IC­SID tribunal has denied an in­vestor’s claim con­cern­ing the de­vel­op­ment of an air­port pro­ject in Latvia. The in­vestor was un­able to pro­ceed with the con­struc­tion of its pro­ject due to nu­mer­ous...
    22 June 2020
    The Lat­in Amer­ic­an Gen­er­al Coun­sel
    The first CMS Gen­er­al Coun­sel re­port in the Lat­in Amer­ica re­gion, “The Lat­in Amer­ic­an GC: Rising to the chal­lenge”, ex­plores the de­vel­op­ment of the Gen­er­al Coun­sel role and how the world in which...
    22 June 2020
    The Lat­in Amer­ic­an Gen­er­al Coun­sel
    The first CMS Gen­er­al Coun­sel re­port in the Lat­in Amer­ica re­gion, “The Lat­in Amer­ic­an GC: Rising to the chal­lenge”, ex­plores the de­vel­op­ment of the Gen­er­al Coun­sel role and how the world in which...
    05 June 2020
    Ad­vance pay­ment bonds: “step­ping down” pro­vi­sions and more guid­ance on...
    Last month we re­por­ted on a TCC de­cision which con­sidered the re­quire­ments for mak­ing and re­ject­ing a de­mand un­der an ad­vance pay­ment bond sub­ject to the URDG. Very sim­il­ar is­sues have now been con­sidered...
    07 May 2020
    GRESB 2020 – It’s Ques­tion Time!
    GRESB has launched its 2020 Real Es­tate As­sess­ment. GRESB is the lead­ing glob­al En­vir­on­ment­al, So­cial and Gov­ernance (ESG) bench­mark for the real es­tate and in­fra­struc­ture in­dus­tries. It is a vol­un­tary...
    07 May 2020
    The use of ex­perts in in­ter­na­tion­al con­struc­tion dis­putes: con­flicts of...
    A re­cent de­cision of the Tech­no­logy and Con­struc­tion Court ap­pears to be the first re­por­ted Eng­lish de­cision to up­hold a fudi­ciary duty of loy­alty in an ex­pert wit­ness ap­point­ment. The find­ing in this...
    28 April 2020
    In­dir­ect and con­sequen­tial loss ex­clu­sions: Eng­lish law holds the line...
    A Tech­no­logy and Con­struc­tion Court de­cision last week has con­sidered a dir­ect at­tack on the tra­di­tion­ally nar­row in­ter­pret­a­tion giv­en by the Eng­lish courts to in­dir­ect and con­sequen­tial loss ex­clu­sion...
    06 April 2020
    CMS Ex­pert Guide to build­ing law and reg­u­la­tion dur­ing Cov­id-19
    As the en­tire eco­nomy has been hit hard by the out­break of the COV­ID-19, also the con­struc­tion in­dustry is cur­rently fa­cing dra­mat­ic and dis­rupt­ive chal­lenges re­gard­ing fin­an­cial pres­sure, la­bour short­ages...
    31 March 2020
    CMS Ex­pert Guide to COV­ID-19 im­pact on lease agree­ments
    COV­ID-19 is dom­in­at­ing the glob­al news and af­fect­ing all areas of busi­ness life. For both land­lords and ten­ants, the ques­tion arises as to the im­pact of the COV­ID-19 pan­dem­ic on their lease re­la­tion­ships. Can...
    27 November 2019
    In­vest­ment ar­bit­ra­tion and con­struc­tion con­tracts: jur­is­dic­tion over an­cil­lary...
    A re­cent IC­SID tribunal has up­held jur­is­dic­tion over a dis­pute con­cern­ing an al­leged set­tle­ment agree­ment arising from con­tract­or claims on a ma­jor in­fra­struc­ture pro­ject in the Re­pub­lic of Mozam­bi­que...