Allbery Cross Fogarty

Allbery Cross Fogarty

Experienced Real Estate Lawyer-Dayton Ohio,Experienced Wills, Trusts, Estates Lawyer-Dayton Ohio

Firm Overview

Main Office
137 N. Main Street
Suite 500
Dayton  OH  45402
  • (937) 228-5912 x105
  • (937)228-0671
Commercial Real Estate
Since 1955 the attorneys of Allbery Cross Fogarty have earned a reputation in the Dayton area as experience in the field of real estate law. Charles Allbery is certified as a specialist in business, commercial and industrial real estate law.
Over forty years experience as real estate title examiner and more than thirty-four years in practice as an attorney representing clients in matters involving property, both real and personal, including the assembly of parcels for land acquisition and development; commercial zoning and land use issues; creation of easements; vacating streets and alleys; large project development including shopping centers, storage facilities, commercial condominiums, residential condominiums and planned unit developments; deferred like-kind exchange transactions; mortgage and institutional financing; options; land installment contracts; foreclosures; private and secondary financing; leasing arrangements; real estate tax valuation issues; review of commitments and policies of title insurance; civil litigation and appeals; preparation of management agreements, reciprocal easement agreements, asset purchase agreements, deeds, notes, mortgages, land installment contracts, declarations of covenants, conditions and restrictions, and closing of transactions; counseling small business owners; organization of partnerships, limited liability companies, corporations, cooperatives; quiet title actions; action to enforce agreements by specific performance; partition actions; and related real estate and civil matters.
Estate Planning
In the course of representing clients with property interests, our firm has significant experience in an array of estate planning approaches, including trusts and other means of reducing expense and time otherwise encountered in the event of death.
Our primary objective is to determine the goals a client may have and then offer ways that best achieve those objectives, by the least expensive means. This approach is appropriate for clients with estates large and small.

Avoiding probate or reducing exposure to estate taxes may not be the primary objective for an estate plan. A client may have concerns, for example, about assuring that a son or daughter with special needs will be adequately cared for, or that property will be managed for the benefit of the surviving members of the family and not dissipated or wasted.

A good estate plan also can anticipate and resolve family disagreements that otherwise can become expensive and destructive for the surviving family members.

Guardianships, trusteeships, appropriate uses of powers of attorney and advance medical directives are also areas in which we have significant experience.
Landlord and Tenant
We represent people and businesses in both residential and commercial real estate lease agreements, whether landlord or tenant, with experience is lease negotiation and preparation, and resolving landlord/tenant issues, including evictions.
* We provide legal services to advise and protect the client in the establishment of the landlord/tenant relationship by proper drafting of lease provisions.

* We represent clients when a default has occurred.

How did your firm decide on the primary area of practice(s)?

Since 1955, our firm has represented people and their businesses having interests in real estate, from acquisition and development, marketing and sale, leasing and financing, resolving real estate title issues, ownership and management of residential and commercial assets, landlord and tenant representation, and working with government agencies to achieve client objectives.

What experience or education distinguishes your lawyers from others

Mr. Allbery is currently the only attorney in the Dayton area who has been certified by the Ohio State Bar Association as a Specialist in Business, Commercial and Industrial Real Estate.

He is an Adjunct Professor at Wright State University as an instructor of Real Estate Law.

He has been selected as a "SuperLawyer" in the field of real estate law, and has received a rating form Martindale Hubbell of "AV" which is its highest peer review rating.

Charles Allbery

Past Chairman and current member, Board of Governors, Real Property Section, Ohio State Bar Association;

Past Chairman of Real Estate Committee, Dayton Bar Association; Member, Judges Committee on Notaries Public;

Member, Ohio Bar College;

Instructor, University of Dayton School of Law, Mortgages and Real Estate Finance (1984);

Instructor, Real Property Law, Wright State University, Department of Finance (1991-1994, 2005-2012);

Instructor, Sinclair Community College, Real Estate Law, Paralegal Curriculum (1981-1988);

Seminar speaker for Dayton Bar Association (New mechanics' lien law-12/90; Federal regulation of real estate closings-4/91; Landlord-tenant law; Breaches of Contract-11/93); Real Estate in Probate Matters (3/09).

Seminar speaker, National Business Institute (Probate Law-2/91; Advanced Real Estate Law-5/91; Resolution of Boundary Disputes-5/92; Opportunities for Planning with Living Trusts);

Seminar speaker, Ohio CLE Institute/OSBA; Annual Real Property Institute (1996, 1997, 1999, 2001, 2002, 2005, 2006 Advanced Real Property); Planning Committee, and Speaker, OSBA Annual Convention for 2010;

Seminar speaker, Miami Valley Land Title Assn. (2002).


Trustee and past president, Wegerzyn Horticultural Assn. (1991-2001)
Trustee and past president, Leadership Dayton Association (1989-1997)
Trustee, University of Dayton School of Law Alumni Assn. (1978-present)
Volunteer, United Way fund distribution committees (various) (1982-present)
Recipient of numerous awards and recognitions from community organizations
Past Chair, Committee on Discipline and Grievances, Dayton Bar Assn.
  • Bar Number:
    Ohio , 1978
  • University of Dayton
    Juris Doctor , 1978

* Nolo has confirmed that every member attorney has a valid license and is in good standing with the state agency that licenses lawyers. Any past disbarments and suspensions (with possible exceptions for minor violations or nonpayment of dues, in our discretion) will be indicated accordingly in the badge. Member attorneys are required to notify Nolo immediately if they become the subject of any disciplinary action by any state licensing agency.