Real Estate & Land Law

Our land and real estate practice

The Firm acts on all transactions involving buildings, land, concessions and real property rights, from preliminary legal checks through to completion and, where necessary, the defence of the client’s rights before the competent authorities or courts.

Our approach rests on a fundamental principle: a real estate transaction must not merely be economically attractive; above all, it must be legally secure.

To that end, we analyse titles and documents, identify risks, verify the legal status of the property and secure the proposed transaction contractually.

Acquisition and sale of real estate

Acquiring land, a house, a building, commercial premises or any other real estate asset requires thorough preliminary checks.

The Firm assists clients with the purchase, sale, transfer and conveyance of real estate. Our involvement may begin before any commitment is signed, in order to examine the legal status of the property and the counterparty’s capacity to dispose of it.

We draft and review offers, promises, memoranda, sale or transfer agreements and other deeds required to complete the transaction, while protecting our client’s interests.

Land audits and real estate due diligence

Before investing, verify.

Due diligence is one of the essential stages of our real estate work. It identifies, before a transaction is completed, the difficulties that could affect the ownership, use, availability or legal value of the property.

Depending on the transaction, our review may cover the existence and validity of titles, the chain of title, the identity and legal capacity of the parties, any encumbrances, challenges, occupation or competing claims, and the compliance of the documents presented.

This process is designed to reduce the risk of fraud, double sales, ownership conflicts or challenges after the investment has been made.

Land titles and protection of rights

The Firm assists clients with administrative procedures for the recognition, establishment, transfer and protection of their land and real property rights before the competent authorities.

We review registration certificates, concession contracts and other documents relating to land rights, and handle the steps required to transfer or regularise the legal status of a property.

Our work aims in particular to ensure consistency between the physical situation of the property, the documents held by the client and the information recorded with the competent administrative services.

Real estate investments and projects

Real estate development generally involves several parties: landowners, investors, developers, contractors, financial institutions, architects, companies and commercial partners.

The Firm assists with the legal structuring of such projects, including the formation of project companies, land acquisitions, partnerships between landowners and investors, real estate joint ventures, development agreements, financing transactions and mechanisms for allocating rights in the developed assets.

We act from the design stage of the project in order to identify the legal constraints that could affect its completion and to put in place a contractual structure suited to the parties’ interests.

Property development and construction

The Firm advises developers, project owners, investors and companies involved in construction and real estate development.

Our assistance covers the drafting and negotiation of construction contracts, works contracts, project management agreements, partnership agreements and other contracts required to complete a real estate project.

We also help clients prevent and resolve disputes relating to delays, contractual non-performance, payment defaults, defective works or other difficulties that may arise during project execution.

Leases and property management

The Firm drafts, negotiates, interprets and enforces residential, professional and commercial leases, and advises on relations between owners, landlords, tenants and property managers.

Our assistance covers the setting and review of contractual terms, rental guarantees, the parties’ respective obligations, the renewal or termination of leases, the recovery of rent and charges, and disputes concerning occupation of the premises.

Particular care is given to drafting the contract, which is the first instrument for preventing disputes between landlord and tenant.

Estates and real estate assets

Real estate often represents a significant share of family wealth and may, upon succession, become a source of difficulties between heirs or beneficiaries.

The Firm assists families, heirs and asset holders in identifying inheritance rights over buildings, settling joint ownership, carrying out partitions and securing real estate transfers.

Our aim is to preserve the value of the estate while seeking, where circumstances allow, solutions that avoid long and costly family litigation.

Land and real estate litigation

Land and real estate disputes may involve considerable financial stakes. The Firm defends and represents clients in disputes concerning, in particular, ownership, concessions, occupation, plot boundaries, contested sales, real estate contracts, leases, estates and construction works.

We also act in challenges to certain administrative acts or decisions affecting our clients’ real property rights, under the conditions provided by the applicable legislation.

Each case is first analysed to determine the most appropriate strategy: negotiation, amicable settlement, mediation or court proceedings.

Preventing land fraud and disputes

Real estate security depends largely on the quality of the checks carried out before the transaction is concluded.

Faced with the risks that may accompany certain transactions (forged documents, double sales, competing claims, occupation without title, irregular representation or challenges to the seller’s capacity), the Firm recommends a prudent and methodical approach.

We carry out the legal and administrative checks required by each matter and advise clients not to make any significant financial commitment until they have obtained a sufficient assessment of the property’s legal status.

Support for foreign investors

The Democratic Republic of the Congo offers significant opportunities in residential, commercial, industrial, hotel and logistics real estate. Foreign investors must nonetheless take into account the specific features of the Congolese land regime and the rules governing the structuring of their investment.

Paton&Partners assists foreign investors from the identification and legal analysis of the asset through to completion of the investment: due diligence, legal structuring, company formation, contract negotiation, acquisition or protection of rights, project development and legal follow-up of operations.

Our role is to give investors a clear reading of the Congolese legal environment and to put in place the mechanisms needed to protect their investment.

Our approach

1. Verify
2. Secure
3. Contract
4. Protect
5. Defend

In land and real estate matters, prevention is often the best protection. The Firm therefore favours early involvement in transactions in order to identify risks before they turn into disputes.

Our approach combines legal rigour, confidentiality, knowledge of the Congolese institutional environment, contractual expertise and a determined defence of our clients’ interests.