Hilary Tyson

Shareholder, Real Estate Group

Contact Hilary

T 832.615.4266
F 832.615.4262
htyson@boyarmiller.com
Download vCard
Download Bio

AT-A-GLANCE

Hilary Tyson’s practice focuses on commercial real estate and business transactions. She joined the firm and returned to Houston in June 2015 after practicing in the Dallas area for more than 11 years.

Areas of Focus

  • Commercial real estate
  • Real estate development
  • Property and condo association formation and governance
  • Property acquisitions and dispositions

Quick Facts

  • Graduate of Southwestern University and DePaul University College of Law
  • Urban Land Institute
  • CREW Houston

Awards & Recognitions

  • Texas Bar Foundation Fellow

Community

  • Urban Land Institute (ULI) Houston
  • Commercial Real Estate Women (CREW) Houston
  • Girl Scouts San Jacinto Council
  • BARC Animal Shelter - Volunteer

BIO

Hilary Tyson’s practice as a member of the Real Estate Group focuses on commercial real estate and related business transactions. She joined the firm and returned to Houston after practicing in the Dallas area for more than 11 years.

She represents developers, homebuilders and equity investors in a wide range of real estate related transactions including land acquisition and dispositions, residential subdivision development, financing, entity formation, and multi-family, retail, office and mixed-use development and leasing. Her experience includes drafting and negotiation of contracts, development agreements, maintenance agreements, Chapter 380 agreements, utility district development and reimbursement agreements, licensing agreements, construction loan agreements and other financing documents, and agreements in connection with the acquisition, financing, development and operation of real estate, including ground leases, retail and office leases, restrictive covenants and condominium restrictions and related association governance documents, and entity formation and governance documents.  Hilary is licensed to practice law in Texas and Oklahoma.

Hilary’s interest in real estate development began in college working for homebuilders and architectural firms. During law school she participated in the Community Development Legal Clinic representing Chicago-area not-for profit and community organizations in a variety of business and real estate matters, including negotiation of leases, land acquisition, entity formation and applying for tax exempt status.

Hilary serves on the ULI Development of Distinction Committee and serves as Co-Chair for ULI Houston's UrbanPlan Committee.  Hilary also serves of the Properties Committee of the Girl Scouts San Jacinto Council and CREW Houston’s Outreach Committee and Mentoring and Leadership Committee.  Hilary is also Co-Chair of the Houston Bar Association’s AIDS Outreach Committee.

Download Bio

Education

  • JD, De Paul University College of Law
  • BA, Southwestern University

Affiliations

REPRESENTATIVE MATTERS

Represent national homebuilders in the negotiation and drafting of documents for the acquisition and development of undeveloped acreage and developed lots for master planned communities in the Houston, Dallas-Fort Worth, Austin and San Antonio market areas, including drafting and negotiation of contracts, easements, development and financing agreements, escrow and cost-sharing agreements for regional improvements between owners, and subdivision restrictions and property owners association formation.

Represent private developer in the development and sale of retail shopping center including negotiation and drafting of contracts for sale of improved and unimproved commercial parcels, reciprocal access easements and cost-sharing agreements and incentive agreements with municipalities.

Represented private company in connection with acquisition of multiple parcels of developed and improved land (including an automotive repair and salvage yard site) in the vicinity of a Rail corridor located in the City of Houston, Harris County, Texas for expansion of light industrial and office headquarters, and resolve related title and survey issues and identify environmental concerns regarding same to accommodate the planning and re-development of acquired sites.

Represent private school in connection with the acquisition of office building for and land parcels and negotiation of AIA construction contracts for expansion of school facilities and address related land use issues regarding same.

Representation of transportation authority on the drafting and negotiation of lease to local governmental corporation and related agreements of approximately 30 miles of rail-banked corridor for purposes of development of trail system.

Represent private developer in connection with the acquisition and financing of office building in Houston, Texas.

Represent private industrial developer in development of land for build-to-suit and spec industrial facilities and supportive retail and commercial space.

Represent homebuilders and developers in planning and drafting subdivision restrictions and related property owners association documents for master planned communities, including residential, commercial, multi-family and mixed-use components.

Represented client in connection with the sale of approximately 262 acres to a residential subdivision developer. The transaction included the negotiation and drafting of access easements and of development agreements to ensure appropriate allocation of costs and responsibilities for completion of regional roadway, utility and drainage facilities serving the residential subdivision to be developed, and the client’s retained land to be developed for commercial uses. The subject property covers jurisdictions of two different municipalities (Conroe and Willis) and two separate in city municipal utility districts contributing to the water, wastewater, drainage and roadway facilities and improvements serving the intended development. In this regard, the transaction also included financing and development agreements with MUDs in the City of Willis and the City of Conroe.

Represented an affiliate entity of client in connection with the acquisition of 110 platted, but undeveloped lots located in Huffman, Harris County, Texas.

Represented client in connection with the acquisition of approximately 500 acres in Montgomery County, Texas, and in connection with the subsequent sale of right-of-way frontage to a commercial developer. Transaction included negotiation of terms for a land swap with a municipality in connection with construction of new municipal facilities, as well as development and financing agreements with newly formed in-city municipal utility districts.

Represented a residential subdivision developer in the acquisition of an approximately 88-acre tract of land in Collin County, Texas, and drafted and negotiated the development and construction agreements, off-site easements and related agreements, and public improvement district restrictions and documentation.

Represented of national home builder in the acquisition of an approximately 80-acre tract of land in Harris County for development as a residential subdivision community, and negotiation of associated conveyance documents, land bank documents, development agreements with adjacent land developer, and financing and reimbursement agreements with the Municipal Utility District.

Negotiation of Chapter 380 and development and reimbursement agreements with various utility districts and private water and wastewater service providers.

Preparation of restrictive covenants for master-planned mixed-use communities in Dallas-Fort Worth region, including various subordinate restrictive covenants and condominium documentations.

Representation of the developer of a multi-phase, mixed-use, urban infill development in the negotiation of the underlying development services agreement and the negotiation of a long-term lease agreement with a regional grocer as the key tenant for the first phase.

Represented the developer of master-planned communities in the purchase of raw land for residential construction.

Preparation of condominium declaration and related governance documents for mixed-use condominium project in the City of Houston, Texas.

Represented developer/purchaser of 100+ acres ($9MM) in Bexar County (San Antonio area) in acquisition and negotiation of development agreements with adjacent owners and San Antonio Water Systems (SAWS) for provision of utility service.

Represented developer/purchaser in acquisition of 300+ acres in Harris County ($6MM) and negotiation of water and sewer service contracts.

Represented developer/purchaser of acreage and residential lots in Fort Bend County, and related negotiation of development and cost reimbursement agreements with City and municipal utility district.

Represented developer in drafting of subdivision restrictions and related property owner association governance documents for mixed-use project in Frisco, Texas.

Represented developer in connection with construction, development, ground leasing, leasing and management of medical office buildings.

Contact Hilary

T 832.615.4266
F 832.615.4262
htyson@boyarmiller.com
Download vCard

Download Bio

Hilary Tyson has been Lovett Commercial’s go-to attorney for complex real estate transactions and partnership and entity formation and governance matters since 2012. I view Hilary as an extension of my team. She is a dedicated partner to Lovett and consistently demonstrates an in-depth knowledge of real estate matters, provides creative solutions to our complex development needs, and meets and often exceeds the timeframes of our demanding deadlines. In short, Hilary gets the job done and is continually looking out for Lovett’s best interests.

David FoorVice President AcquisitionsLovett Commercial
Texas Bar Foundation Fellow

Texas Bar Foundation Fellow