Real Estate & Land Use

McLane Middleton’s real estate attorneys make it their mission to know clients’ objectives and focus on their needs to best serve them in completing transactions.

With decades of combined experience, McLane Middleton’s knowledgeable real estate attorneys give comprehensive counsel to lenders and borrowers in general, commercial, and construction financing. We deal with loan workouts, land use matters, conservation, and zoning.

When loans need restructuring, our real estate attorneys expertly craft solutions by drawing on the firm’s other practice groups that specialize in key areas such as bankruptcy, land use litigation and environmental law.

Our real estate expertise includes:

  • Assisting lenders in secured-lending transactions and protecting their investments in declining economic conditions
  • Representing borrowers in negotiating sophisticated financing arrangements
  • Representing developers before town, municipal, and state authorities
  • Assisting clients in resolving conservation matters with appropriate state departments
  • Counseling sellers or purchasers in purchase-and-sale negotiations, sale/lease-back arrangements, and like-kind exchanges
  • Title and title insurance services

Construction Litigation

McLane Middleton’s Construction Litigation team represents architects, engineers, construction managers, owners, general contractors and subcontractors in all phases of construction projects, such as:

  • Forming business entities for construction projects
  • Obtaining land use and environmental permits
  • Providing aggressive representation in arbitration or litigation

The team works closely with our real estate, environmental, employment, tax, corporate and litigation departments, drawing on collective experience to provide comprehensive assistance to our clients.

When obstacles arise – such as OSHA issues, permitting challenges, delay claims, payment disputes – our team works efficiently to guide clients to the most practical resolution.

Our Construction Litigation Group’s successful history includes:

  • Representation of a prominent college in litigation involving renovation of its state-of-the-art facility
  • Presenting on behalf of a large manufacturing facility in litigation around design and construction of a co-generation facility in Manchester, N.H.
  • Defending a general contractor against construction bond claims brought by a subcontractor concerning a local high school
  • Representation of a private school seeking action against an architect regarding specification of exterior sheathing inappropriate for New Hampshire climate

Real Estate

McLane Middleton is deeply immersed in New England real estate matters, helping clients to achieve their goals in a wide swath of transactions. Our experienced team of lawyers represents investors, lenders, and developers of real estate projects and also works with companies that are acquiring, expanding, leasing, financing, or selling their business locations.

Our collaborative real estate team assists clients with new construction projects in resolving contractual issues, permitting matters related to zoning changes, variances, special exceptions, and approvals required for commercial projects and residential subdivisions, condominiums, and age-restricted housing.

McLane Middleton regularly counsels companies in the utility, energy, and communications industries related to acquiring, expanding and financing various projects, and has successfully protected the interests of lenders in connection with loan transactions, as well as in negotiating and restructuring problem loans. 

Our expertise in real estate covers other issues, including:

  • Title insurance and title issues
  • Commercial leasing
  • Condominium, community and homeowner associations
  • Sophisticated financing
  • Commercial real estate purchases, sales and 1031 exchanges
  • Land use issues
  • Conservation
  • Environmental laws and regulations

Land Use and Zoning

McLane Middleton’s Real Estate Law Group advises our clients on many land use objectives. We represent developers, businesses, and individuals seeking variances from zoning boards of appeal, and also help telecommunications and pharmaceutical clients obtain required permits from local planning officials.

Condominium Law

McLane Middleton’s real estate attorneys expertly advise residential and commercial condominium associations on matters ranging from operational issues and liability to litigation.

We advise our clients on small projects such as two-unit residential structures, to larger dealings like representing master unit owner associations and projects involving mixed retail, hotel, and residential use.

Our lawyers are seasoned at managing the many facets of condominium law, including formation, sale, acquisition, expansion, and termination.  When developments in default cause a job standstill, we counsel developers in overcoming the hurdle of completing unfinished condo projects.

Examples of our Condominium Law Group’s successes are:

  • Successfully arguing on behalf of a residential condominium unit owner's association that the association could make a special assessment on all 120 unit owners for the repair charge for a common area. (Carleton v. Edgewood Heights, 156 NH 407 [2007])
  • Amending the declaration of a mixed-use condominium on behalf of a residential owner to protect the balance and interests of building residents.

Contact Us:

For questions on real estate matters, please contact Rolf E. Goodwin, chair of the firm's real estate department, at (603) 628-1176 or [email protected].  

For question on land use matters, please contact Thomas W. Hildreth, chair of the firm's land use practice group. at (603) 628-1177 or [email protected].

Integrity and trust

At McLane Middleton we establish and maintain long-standing relationships with our clients to help us better achieve their unique goals over time. This approach to building trust requires that our esteemed lawyers and professionals use their broad, in-depth knowledge and work together with integrity to ascertain sound resolutions to legal matters for their clients.

Strength in numbers

McLane Middleton is made up of more than 105 attorneys who represent a broad range of clients throughout the region, delivering customized solutions. As a firm we are recognized as having the highest legal ability rating. The firm is rated Preeminent by Martindale Hubbell and is recognized as one of the nation's leading law firms in Chambers USA. Our attorneys are distinguished leaders in their respective practice areas.

Meet Our People

Commitment and collaboration

McLane Middleton's versatile group of attorneys and paralegals become trusted authorities on each case through collaboration. We work with our clients to learn their individual needs first and foremost and, together, we develop comprehensive solutions to their specific legal matters. This approach helps us exceed our clients' expectations efficiently and effectively, client by client, case by case.

Practice Areas

A history of excellence

McLane Middleton was established in 1919 in New Hampshire, and has five offices across two states. However, deep historical roots don't allow you to become innate. Our firm is organized, technological, and knowledgeable. Our history means we are recognized. But our reputation is built on the highest quality of service and experience in very specific areas of law.

The Firm

Intelligence paired with action

Our team continuously seeks opportunities to enhance their professional development and put key learnings to action. The pursuit of further insight guides us to volunteer service opportunities, speaking engagements, and teaching roles. Our lawyers are sought after thought leaders across their industries, and recipients of leadership awards throughout the region.