Real Estate Law

Wadleigh, Starr & Peters provides exceptional legal services in all areas of commercial real estate law. The breadth and depth of experience reflected in the firm’s real estate team is unmatched in Northern New England. The firm assists clients in implementing practical, effective, and cost-efficient solutions to their real estate matters.

The firm represents clients in a broad cross-section of industries in real estate transactions and litigation. The firm’s full service real estate practice serves developers, owners, investors, public agencies, lenders and special servicers, and institutional owners of real estate.

Acquisition and Disposition

Our transactional real estate team represents clients in all aspects of the purchase and sale of real estate. We assist our clients in structuring and completing all types of real estate transactions, from simple transactions involving the sale of a single asset to complex portfolio transactions and complex sale-leaseback arrangements. We are skilled in the negotiation of purchase and sale agreements and the other operative documents necessary to successfully complete complex real estate transactions. Throughout the process of buying or selling property, we help our clients understand the risks and opportunities of each transaction. We help our clients develop strategies for minimizing and managing the risks particular to each real estate transaction.

Acquisition and Disposition

Our transactional real estate team represents clients in all aspects of the purchase and sale of real estate. We assist our clients in structuring and completing all types of real estate transactions, from simple transactions involving the sale of a single asset to complex portfolio transactions and complex sale-leaseback arrangements. We are skilled in the negotiation of purchase and sale agreements and the other operative documents necessary to successfully complete complex real estate transactions. Throughout the process of buying or selling property, we help our clients understand the risks and opportunities of each transaction. We help our clients develop strategies for minimizing and managing the risks particular to each real estate transaction.

Real Estate Finance
Our real estate team represents lenders and other financial institutions, as well as real estate owners, in financing transactions secured by real estate. We are skilled in all types of real estate-backed financing, including construction loans, public financing, permanent loans, bridge loans, securitized loans and tax credit financing. Through our thoughtful and skilled negotiation of lending transactions, we help our real estate finance clients to maximize value of the real estate assets securing loans made by and to our clients.
Commercial Leasing
Our real estate attorneys are highly skilled in negotiating transactions involving the leasing of real estate. Our team represents landlords and tenants in commercial lease transactions of every nature, including leases of retail property, office space, warehouse space, industrial facilities medical facilities and other specialized facilities, ground leases, and sale-leaseback transactions. Our team understands the nuances of commercial leasing and is skilled at structuring leasing transactions to accommodate our clients’ business needs and objectives.
Real Estate Development – Land Use Planning, Zoning and Permitting
Our real estate group assists developers and other owners of real property in a wide variety of real estate development projects, including shopping centers and malls, market rate, workforce and low-income multifamily housing, condominium developments, mixed use developments, hotels and resorts, commercial office buildings, industrial facilities and health care facilities. Our development and land use attorneys are skilled in guiding clients through the complexities of land use, zoning and development laws, and the permitting and approval processes implementing those laws. We work with our clients and the engineers, architects, surveyors, and other land use consultants involved in each project, and collaborate with public officials, to bring projects from conception to construction and operation.
Our real estate development team also includes litigators who are experienced in defending appeals and other challenges to the permits, approvals and entitlements obtained by our clients when opponents to a project challenge the project. Our litigators also zealously seek judicial intervention when necessary entitlements have been denied.
Condominium Formation and Development
Our real estate development team has extensive experience in the formation and development of condominiums, including residential condominiums, commercial condominiums, resort communities and mixed-use condominium developments. Our team is also experienced in condominium conversions. We are skilled in the preparation of the documents necessary for the formation and governance of condominium regimes.

In addition to representing clients in the formation of condominium regimes, we regularly assist clients in the registration of condominium developments and residential subdivisions with the New Hampshire Attorney General’s office.

Foreclosures and Workouts
Our real estate team also assists clients with projects involving distressed property. We represent special servicers, banks, and other financial institutions in enforcing their rights and remedies following a loan default. Our team assists lenders and others with foreclosures, receiverships, loan workouts and debt restructuring.

Our team also represents purchasers of distressed property, whether at foreclosure, through bankruptcy or from a receiver. We understand the complexities of transactions involving distressed property and skillfully guide our clients through the process.

Conservation Easements
In conjunction with the firm’s municipal attorneys, our real estate team assists clients in the negotiation and creation of conservation easements.
Real Estate and Tax Assessment Litigation

Our real estate litigation team has represented businesses and individuals in cases involving land use issues, including with respect to issues pertaining to easements, condemnation, and property line disputes.  Our litigators have also been involved in tax sale disputes with local governments, as well as disputes relating to the financing of real estate transactions.  Our firm has a substantial practice representing both small and large businesses against municipalities, challenging real estate tax assessments on grounds of improper rates and ratios, and improperly assessed valuations.

Construction Litigation

Our real estate litigators are skilled in the prosecution and defense of all types of construction claims.  Our team represents owners, developers, contractors, subcontractors, architects, and other construction professionals in construction-related matters.

Landlord Tenant Issues

Our real estate team is also well-equipped to handle any landlord-tenant related issue that may arise. In doing so, we have successfully represented many landlords and tenants in various cases, including with respect to eviction proceedings, proceedings brought under RSA 540-A, and appeals thereto to the New Hampshire Supreme Court. 

Industries We Serve

Attorneys in this Practice Area

Stephen M. Bennett

Of Counsel

Charles F. Cleary

Member

Craig S. Donais

Member

William P. Reddington

Associate

Michael J. Tierney

Member

William C. Tucker

Member