Real Estate

With experience, expertise and depth, the real estate attorneys at Pierce Atwood LLP will guide you through every phase of your real estate projects, from complex multi-use developments and defeasance financings to land use, environmental and title due diligence. Our attorneys represent clients for projects along the east coast from Florida to Maine and New Hampshire and across the country to Illinois, Colorado, Utah and California. Among the firm's real estate clients are multinational corporations, regional and national development companies, and individual property owners.

On the asset management side, we represent numerous businesses in lease negotiations, disputes and refinancing. Several of our attorneys have also become very active in foreclosures and restructurings of loans, representing local and national lenders.


$40M New Markets Tax Credit Financing

Represented a paper company in a $40M new markets tax credit financing, which included $40M of allocation under Maine's new markets program, and $10M of allocation under the federal new markets program; to date, this is the only transaction to successfully close under Maine's new markets program.
 



28M Loan Closed

We represented the lender in a loan for the financing of a former university building to be converted to condominiums on Boston's Beacon Hill.

260 Loan Portfolio Purchase

We recently closed a transaction representing a financial institution in the purchase of a loan portfolio in excess of 260 loans secured by real estate in more than 15 states. We handled all aspects of the transaction, including loan due diligence, negotiating the Loan Sale Agreement and closing the deal.



Central Maine Power Land Acquisition  

More than six hundred parcels of land were acquired in connection with the Maine Power Reliability Program.
 
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 $20M Loan Closed

We represented a large commercial real estate lender in a $20 million purchase of a 62,000 sq. ft., 11-story office building at 44 School Street in downtown Boston.

Areas of Expertise

Associations & Franchisees
We are involved in many different industry trade areas: industrial real estate, office and warehouse construction and expansion, condominium, planned unit and resort and hospitality development. We represent multiple franchisees of national and regional food franchises with stores in New England and the Mid-Atlantic states.
Commercial Leases
The Real Estate Practice Group provides expert advice to both landlords and tenants, regionally and nationally, on commercial leases, including ground, retail, office, warehouse and industrial leases.
Condominiums & Planned Community Developments
The Real Estate Practice Group provides expert advice to our clients on condominium developments, including permits, structure and financing.
Purchase & Sale Transactions

We provide expert advice to our clients on the acquisition and sale of real property, including undeveloped, residential and commercial real estate. Our services include:

  • Project feasibility analyses
  • Environmental assessment analyses (Phase I & Phase II)
  • Wetland and vernal pool analyses
  • Structure and formation of the ownership entities
  • Tax analyses (income tax as well as state and local taxes)
  • Tax increment financings
  • Brokerage agreements
  • AIA agreements with architects and contractors
  • Easements
  • Land use and permitting
Real Estate Financings

The Real Estate Practice Group provides expert advice to our clients on all types of real estate financings, including construction, permanent, public finance, economic development and tax increment financing. We also act as local counsel in large multi-state financings, providing assistance with title, local law and the provision of local opinions.

Resort & Hospitality Developments
The Real Estate Practice Group provides expert advice to our clients on resort and hospitality developments, including acquisition, permits, financing, registration and subsequent sales.
Tax Credit Financing & Syndication

In today’s tight credit market tax credits are often an important piece of financing a project.  Pierce Atwood’s attorneys have experience with tax credit financing and syndication, including new markets tax credits, historic rehabilitation tax credits, low-income housing tax credits, and renewable energy tax credits.  At times, these credits can be combined to reduce the net cost of a project.  For example, a mill renovation may qualify for historic rehabilitation tax credits, new markets tax credits, and even renewable energy tax credits if the project includes a rooftop solar installation.  

Title & Conveyancing

The Real Estate Attorneys at Pierce Atwood provide expert advice to our clients on title and conveyancing issues, including title insurance, boundary line disputes, quiet title actions, partitions, easements and deeds. As part of our service we are title insurance commitment- and policy-writing agents and approved attorneys for all of the major title insurance underwriters.

We have assisted independent power plant owners and developers in virtually all aspects of the purchase and sale of power plants and transmission line corridors, including financing and due diligence. Attorneys in the Real Estate Practice Group have managed the real estate aspects of significant, complex, multi-site projects in New England and along the eastern seaboard. We have also represented parties in both the acquisition and sale of projects for which separation of functions is required, involving complex property divisions with reciprocal easements and agreements and interpretation of survey plans (e.g., separation of hydroelectric generation assets from a paper mill after more than a century of integration, allowing the distinct businesses to function successfully, including meeting requirements of lenders).