Real Estate
Representation and Litigation
The assistance of counsel can be invaluable when dealing with
issues arising from real estate, including purchases, leasing, and,
unfortunately, litigation. We can assist with a broad array of your
legal needs involving real estate, and can refer you to experienced
counsel in the event we are not able to assist you.
Listed below
are some examples of situations where our representation was necessary.
If you are contemplating the purchase of a home, follow this link.
A purchase of commercial real estate has similar aspects to a
residential purchase, but will involve many additional "complications,"
typically including environmental inspections, review of rent rolls and
income for a tenanted property, analysis of parking and other aspects
for a particular intended use, and review of zoning. Retail operations
at a mall have their own additional requirements. Depending
upon the size of the property, services of specialized appraisers,
accountants, and other professional services, including environmental
assessment professionals, may be necessary and appropriate. In some
cases, we can provide all necessary legal services. In other cases, we
can team up with other counsel to provide a comprehensive solution.
Whether your business is a "start up" or needs to expand to
larger premises,, in addition to a good broker to find you the ideal
space, it is helpful to have an attorney to review the proposed lease
and address terms that are important to your particular business. Like
most contracts, leases contain negotiable and non-negotiable terms, and
your attorney can assist in tailoring the lease towards your particular
needs. We also represent commercial landlords as needed.
Representative
Situations
We have represented clients in the following situations:
- Defended tenant against contractor in litigation over
renovations to leased premises.
- Defended developer in suit by lender for multimillion
dollar deficiency on subdivision development loan.
- Defended office condo owner in litigation by
subcontractor to enforce mechanic's lien against condo.
- Represented plaintiff prospective purchaser of residential
real estate in suit for specific performance of contract to purchase
real estate.
- Defended landowner concerning boundary line suit,
successfully raising defense of adverse possession.
- Represented plaintiff contractor in suit against landowner
concerning unpaid amounts due from major additions to existing
structure.
- Represented contractor in regard to dispute over
professional services rendered and mechanic's lien against landowner
property.
- Defended third party defendant landlord in suit between
former commercial tenant and successor tenant purchasing predecessor's
business, including allegations concerning landlord repair obligations
- Representation of buyers and sellers of residential real
estate in purchase and sale transactions.
- Represented purchaser of commercial office property, and
representation of owners refinancing commercial property, renovations,
and leasing to tenants.
- Represented various tenant businesses in
leasing office space in multiple states.
- Represented business seeking town meeting approval
of zoning change in conjunction with construction of supermarket.
- Represented business seeking variance to permit
construction of office building, including grant of conservation
easement to town.
- Representation of charity in proposed land swap between two
charitable organizations.
- Represented homeowners before planning board and
conservation commission in order to obtain change in special permit for
cluster development, including transfer of conservation property.
- Represented hotel seeking financing for major repairs and
general liquidity for operations.
- Represented hotel in initial negotiations for sale of
premises and operations, including liquor license.
- Represented hotel in extension of liquor license to include
outdoor areas near church
- Represented second generation of owners in formation of
incorporated entity to hold real estate and operations, including
related conveyancing and title work.
- Assisted in creation of family limited partnership to hold
multiple parcels of commercial real estate.
- As co-trustee, oversaw completion of incremental sale of
trust real estate to developer completing residential housing
development.
- Advised new business on legal issues with respect to
potential sites for business, and financing issue.
- Represented purchaser of forested parcel in current use
with limited road access and easement issues.
- Former chair of New Hampshire Bar Association Real Estate
Section
Please contact us if you'd like assistance!