Explore Our Capabilities

Real Estate

Overview

Parker Poe’s Real Estate and Commercial Development Practice Group is well known across the Carolinas and the Southeast for its work in helping clients structure, negotiate and close commercial real estate transactions. We represent developers, owners, buyers, sellers, landlords and tenants in a variety of real estate matters, including:

  • Acquisition, development, exchange and sale
  • Mixed-use projects
  • Commercial leasing
  • Multifamily and seniors housing
  • Affordable housing/tax credits
  • Title services
  • Financing
  • Real property disputes

Areas of Focus

Energy Real Estate

Traditional electric utilities and alternative energy companies encounter a variety of real estate and infrastructure development needs. Whether assisting on day-to-day right of way acquisitions, property management issues or counseling clients on new, large-scale energy production facilities, our commercial real estate and infrastructure development attorneys provide energy clients a complete, turnkey service solution to their real estate legal needs in North Carolina and South Carolina.

In addition to negotiating long-term leases, easements and purchase contracts for land and right of way acquisition, we have extensive experience negotiating and addressing issues unique to our energy clients:

  • Railroad service, side-track, encroachment, grade crossing and new infrastructure agreements with Class I and short line railroads
  • Road and highway infrastructure development agreements with state departments of transportation
  • Partnerships with city and county governments to develop new or expanded facilities utilizing publicly owned land to enhance economic development opportunities
  • Property management issues relating to right of way and facility encroachments by adjoining landowners and dispute resolution of conflicts that arise from inconsistent, adjoining land uses
  • Condemnation of right of way and property for electric utility providers
  • Stormwater, traffic, site plan and subdivision issues affecting energy production and distribution facilities
  • Integration of energy production and transmission facilities in urban and suburban areas
  • Assistance with public relations and grassroots efforts to mitigate opposition to and build support for new energy facilities
  • Assembly and coordination of multidisciplinary project teams that include surveyors, local title counsel, civil engineers, traffic engineers and specialized land consultants

Infrastructure Development

Infrastructure development ranks among the most important industries in which Parker Poe has developed a reputation for leadership and innovation. In the past decade, Parker Poe participated in the financing and development of over $4 billion of infrastructure development projects. Our team of real estate, corporate, public finance, regulatory, construction and governmental policy attorneys have decades of combined experience financing and developing large-scale infrastructure projects. And as public agencies have increasingly sought partnerships with the private sector to develop new infrastructure systems, Parker Poe has been at the forefront in counseling local, state and federal representatives and private sector clients on structuring, financing and operating a variety of public/private partnership initiatives. We are not satisfied unless our clients achieve the highest level of financial return and public benefit on their investments.

Parker Poe’s experience in infrastructure development spans the spectrum of infrastructure improvements:

Transportation
:

  • Road and highway networks
  • Railways
  • Mass transit systems
  • Seaports
  • Airports
  • Greenways, pedestrian walkways and bicycle paths

Energy:

  • Electrical power network
  • Wind energy
  • Bio-Mass energy
  • Solar energy
  • Natural gas pipelines
  • Petroleum pipelines
  • Steam or hot water production and distribution networks

Water Management:

  • Drinking water supply
  • Sewage collection and disposal
  • Stormwater drainage systems
  • Major irrigation systems
  • Major flood control systems

Communications:

  • Mobile phone networks
  • Land-line telephone networks
  • Cable television networks
  • Internet backbone

Waste Management:

  • Solid waste landfills
  • Solid waste incinerators
  • Recycling facilities
  • Hazardous waste disposal facilities

Public and Institutional Facilities:

  • Schools
  • Government buildings
  • Higher education buildings and dormitories
  • Hospitals
  • Museums
  • Performing arts venues

 

Multifamily Housing

Parker Poe has broad experience representing developers/owners in all stages of multifamily projects, including:

  • Land acquisition
  • Financing
  • Joint Ventures
  • Development and construction
  • Sale
  • Purchase of Existing Projects/Loan Assumptions

We have particular expertise in the following areas:

Financing:

  • Construction and permanent loans
  • Mezzanine financing
  • Preferred equity
  • Tax-exempt bonds
  • HUD/FHA
  • Affordable and non-profit housing development
  • Senior housing and assisted living
  • Student housing (including Fair Housing Act compliance)
  • Cable/Telecom service agreements for multifamily projects


Representative Experience

  • Closed numerous transactions for one of the largest multifamily developers in the country using various financing structures, including preferred equity, mezzanine debt and Freddie Mac and Fannie Mae lending programs.
  • Closed transactions with major multifamily lenders and investors, including:
    • Construction and permanent lenders:

      • Bank of America
      • Wells Fargo
      • Key Bank
      • U.S. Bank
      • JP Morgan
      • Union Bank of California
      • Mellon Bank
      • Deutsche Bank
      • Nationwide Bank
      • Citizens Bank of Pennsylvania
      • UBS
    • Mezzanine lenders and preferred equity investors:

      • PrudentialBoston Capital
      • RECAP
      • CB Richard Ellis
      • GrayCo
      • Babson Capital
      • Sarofim Reality Advisors
      • UBS
  • Closed 200+ multifamily transactions with HUD-insured financing in South Carolina, North Carolina, Georgia, Tennessee, Virginia, Florida, Texas and Maryland.

Residential Development

The ever-changing landscape of residential development challenges developers and home-builders to adapt and refine their development, construction and sales models. From increasingly complex homeowners association regimes, to new regulations affecting design and construction to stormwater management, negotiating today's residential housing market requires a qualified team of advisors at each step in the planning, development and management process.

Parker Poe's integrated land development team of real estate, land use and construction attorneys are proven partners in the residential development industry. We deliver thoughtful and coordinated legal services in a variety of contexts, including single-family, multi-family, planned unit, urban mixed use and transit-oriented projects. We craft business solutions, rather than focus on legal barriers, to offer our clients clear direction when they face unanticipated challenges in uncertain markets.

Due Diligence & Entitlement Services

  • Zoning, special use permits and planned unit developments
  • Site plan and survey review
  • Subdivision and condominium plats
  • Environmental permitting
  • Homeowners association due diligence
  • Title review and analysis

Land Acquisition & Development Counsel

  • Raw land and subdivision lot acquisitions and sales
  • Institutional and equity financing
  • Public/Private partnerships
  • Distressed assets, foreclosures and REO transactions
  • Development and infrastructure agreements
  • Stormwater compliance
  • Water and sewer infrastructure
  • Local, state and federal regulatory compliance
  • Driveway permits, road infrastructure and pedestrian facilities and greenways
  • Conservation easements
  • Homeowners and condominium association formation and governance

Construction Services & Dispute Resolution

  • Site development contracts
  • Building contracts
  • Architectural and engineering contracts
  • Dispute resolution with contractors and consultants
  • Fire and accident investigations
  • Defective building product claims
  • Geotechnical issues and relates disputes
  • Licensure issues
  • Contractor bankruptcies
  • Lien claims and avoidance
  • Contractor terminations

Post-Development Sales, Management & Turnover Advice

  • Residential sales contracts and disclosures
  • Residential sales incentives
  • Common area and homeowners association management and turnover
  • Property management agreements
  • Resolution of potential and actual disputes with homeowners association
  • Warranty and other homeowner disputes
  • Interstate Land Sales Act (ISLA)
  • Real Estate Settlement Procedures Act (RESPA)
  • Listing agreements and brokerage issues
  • Trademark and copyright application, registration and enforcement and online brand protection
  • Employment counseling, contracts and litigation defense

Telecommunications

Parker Poe has advised national and regional telecommunications providers for three decades on the wide range of legal issues affecting the industry. We represent both wireline and wireless providers of communications services. Our practice includes preparing and negotiating infrastructure agreements, obtaining regulatory approval for mergers and acquisitions and advocacy before regulatory bodies. We regularly represent competitive local exchange carriers (CLECs), interexchange carriers (IXCs), commercial mobile radio service (CMRS) carriers, Internet service providers (ISPs), and metro and long haul transport providers.

Our attorneys have extensive experience in land use, zoning and environmental matters related to communications and broadcast infrastructure. We have represented CMRS carriers before boards of adjustment, planning commissions, city councils and county commissions and our attorneys have successfully litigated local land use decisions in support of our CMRS clients. We have also provided legal support for numerous large scale infrastructure deployment projects.

We have experience in all real estate-related aspects of the telecommunications industry, including the acquisitions and leasing of property for tower sites and obtaining related easements.

Representative Experience

Parker Poe attorneys have been involved in a variety of projects, including:

Duke Energy Center and Levine Cultural Campus, Charlotte
We represented a national bank in its development of a high-rise office tower in the uptown business center of Charlotte. The 42 story office tower contains over one million rentable square feet and has a 2,600 vehicle underground parking garage. We also represented the bank in its development of an adjacent “Cultural Campus” with buildings which house the Mint Museum of Charlotte, the Bechtler Museum of Modern Art, the Harvey B. Gantt African-American Cultural Center and the Knight Performing Arts Theatre. These facilities were developed by the bank under a public-private development agreement with the City of Charlotte. Upon completion, the facilities were transferred to the City and the City reimbursed the bank for the construction costs. The City then leased each cultural facility to the respective local cultural organization. The total cost of the office tower, parking garage, cultural facilities and other related amenities exceeded $1 billion.

Three Wells Fargo Center/The Green, Charlotte
This 1,200,000 square foot center city development consists of major office, retail, residential and parking uses. Our work involved the assembly and acquisition of multiple parcels; a street closure; a long-term ground lease for a major office/retail component of the project; structured license agreements for a 5 level, 850 space underground parking garage; office, retail and restaurant leases with outdoor patio dining in an adjacent street-level park; an 8 story, 57 unit residential condominium above office and retail space and within air rights; the master cross easement regime, including covenants governing floating and designated parking, vehicular and pedestrian access, no-build zones, loading dock areas and the 1.5 acre park; and development of a comprehensive security plan, including cost-sharing for security personnel, security cameras and fire prevention systems.

Biltmore 51, Asheville
We advised a municipality in connection with the development of a mixed-use urban condominium containing a municipally-financed parking deck and hotel and future residential components.

NC State Centennial and Biomedical Campuses, Raleigh
This 1,334 acre project involves multi-phase ground leases on our client’s land, for corporate offices, a hotel and conference center, research and development, institutional uses, retail and residential components (including multi-family and condominiums). Our work included master and sub-prime development agreements, phased ground leasing, major architectural and construction contracts, and golf course design agreements.

Hillsborough Street, Raleigh
We are representing an institutional landowner in connection with the development of a multi-phase mixed use site that will include office, retail and hotel uses.

North Hills East, Raleigh
We advised the equity investor in the development of a mixed-use urban in-fill and redevelopment project, which includes hotel, office, apartment, and retail components.

Grand Dunes, Myrtle Beach
We represented the developer of a 2,200 acre mixed-use resort and master planned community in Myrtle Beach, SC, which includes a hotel.

Villages at Cramerton Mills, Cramerton, NC
We represent the developer of proposed project that will include residential, office, institutional and retail uses. The project will be built to certain minimum “green” performance standards.

Traemoor Village, Fayetteville, NC
This 60 acre Harris Teeter-anchored retail project also includes office and multifamily components. Our work for the developer included a joint venture agreement, preparing the restrictive covenant scheme, ground leases and the sale of the retail component.

Mosaic Village, Charlotte
This 5 story student housing project in Charlotte includes first floor retail, a parking deck and a large special events terrace. Our work on behalf of the university included multiple leases and a revenue sharing arrangement between the developer and university for revenue generated by various project components.

230 South Tryon, Charlotte
We advised the developer on the conversion of an office building to master condominium containing residential, office and retail units, with rights to assigned parking spaces in an adjacent parking deck.

Park Avenue, Charlotte
We represented the developer of a 66 unit condominium in historic South End, constructed above restaurants and retail shops and along the Charlotte Trolley. A master declaration and cross easements control parking deck use rights and pedestrian access ways.

Progress Point, Wilmington, NC
A 12-acre, 112,000-square-foot office and retail project, with multiple office condominiums, and a lease of a first floor unit to a national drug store chain

Stonecrest, Tega Cay, SC
We advised the developer of a 130-acre, mixed-use project with office, retail and residential uses, where the retail uses are anchored by a national big-box retailer.

Wakefield, Raleigh
We represented a medical center on the acquisition, development, construction and leasing of this project, which includes offices, hospital facilities, a wellness center, retail and a grocery store.

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