Real Estate

With over 85 attorneys located across the country, Maynard Real Estate has the depth and scope to lead any real estate project.  Maynard Real Estate is relentlessly focused on client service, and we will assemble a team of specialists with the skills and experience to deliver practical and efficient solutions for your next deal. 

We primarily serve developers, investors, lenders, owner/operators, managers, and brokerage firms focused on commercial real estate projects, including individuals, family offices, operating companies, private equity funds, and other institutional investors.   

Our integrated approach allows us to assist clients on a local, regional, and national basis and has garnered the prestigious Band 1 ranking by Chambers USA: America's Leading Lawyers for Business.   

At Maynard Nexsen, we have over 600 attorneys across 33 locations nationwide, with real estate experience spanning all 50 states. Our attorneys take a client centered approach, drawing on talent from multiple disciplines to ensure your needs are met from start to finish. 

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Overview  Services & Capabilities  Updates  Project Types
Meet our Real Estate team

Services & Capabilities

Maynard Real Estate offers a full spectrum of real estate legal services, including: 

Acquisitions and Dispositions 

Known for our results-oriented philosophy, Maynard Nexsen's Real Estate Group represents buyers and sellers in transactions of every scale — from single-asset acquisitions to large, multi-property portfolio deals serving national and international markets. Our attorneys bring deep transactional experience to each engagement, handling everything from initial due diligence and contract negotiation to regulatory compliance and closing. We have represented clients in a broad range of industries, including:

• Textiles
• Heavy machinery manufacturing
• Software companies
• Pharmaceutical companies 
• Service industries
• Financial institutions
• Healthcare organizations
• Distribution
• Agribusiness
• Computer security
• Business services
• and other industries

These transactions have been structured as stock purchases, acquisitive mergers, tax-free reorganizations, and asset purchases, involving private companies as well as publicly held corporations.

Leasing 

Maynard Nexsen represents developers, landlords, tenants, and leasing agents in the leasing of commercial properties, including office buildings, malls, retail centers, industrial properties, medical office buildings, warehouses, timberland, mining, and mineral interests. Our representation includes the negotiation, enforcement, and termination of leases, as well as the institution and defense of unlawful detainer, ejectment, and collections actions for landlords and tenants.

Development 

We represent sponsors and investors in horizontal (land) and vertical development projects across the United States, including advising on land use issues, as well as negotiating and documenting development agreements, cost sharing agreements, reciprocal easements, architecture and construction contracts, asset and property management agreements, and key vendor contracts.

In addition to our robust Real Estate Group, Maynard Nexsen has a dedicated and cross-disciplinary team of attorneys focused on development projects across commercial and industrial sectors. We represent owners, investors, developers, and tenants in transactions involving properties and have a keen awareness of the unique challenges that impact developments.

Examples of development involvement and experience:

• Data Centers
• Hospitality / Resorts
• Industrial
• Land
• Mixed-Use
• Multifamily
• Office
• Retail
• Medical
• Single Family Build-to-Rent
• Affordable Housing

Land Use & Zoning 

Land use issues are at the center of most development projects and navigating them efficiently can determine whether a project succeeds. Maynard Nexsen's Land Use & Zoning Group guides clients through the process efficiently, from initial approvals through regulatory compliance and beyond. Our attorneys regularly work with owners, developers, buyers, and sellers across a wide range of property types, from commercial developments and residential subdivisions to hospital campuses, mixed-use projects, condominiums, and timber and mineral land.

We engage early in the planning process to help clients anticipate approval requirements and reduce the time and cost of regulatory review. Our attorneys also have experience with local, state, and federal agencies to secure land use approvals a project needs to move forward. In addition, years of establishing relationships from working alongside agencies at every level of government have given our attorneys the knowledge of both how approvals are obtained and how obstacles can be resolved.

Our Work Includes:

• Zoning approvals, variances, and rezoning applications
• Annexation and condemnation matters
• Challenges to existing land use and zoning regulations
• Compliance counseling and regulatory strategy
• Creation of development controls through restrictive covenants and similar instruments
• Hearings before governmental and administrative bodies
• Title disputes and inverse condemnation claims
• Mineral and mining disputes

Our attorneys also have experience with coastal developments and the complex wetlands-related legal issues that arise at the local, state, and federal levels.

State and Local Incentives 

Maynard Nexsen represents purchasers, sellers, and owners of real estate in various aspects of real estate-related tax planning, including like-kind exchanges (deferred, multi-party and other types of tax-free exchanges), tax credit transactions, and economic development and incentive packages.

Tax 

Real estate transactions carry significant tax implications at every stage, from acquisition through disposition. Maynard Nexsen's real estate attorneys work closely with the Firm’s robust Tax Practice Group to help clients structure transactions that minimize tax exposure and maximize after-tax returns. Our experience includes advising on opportunity zone investments, tax credit financing, real estate investment trust qualification and compliance, and the tax aspects of joint ventures, partnerships, and other ownership structures. We also counsel clients on transfer taxes, depreciation strategies, and the tax consequences of workouts, foreclosures, and debt restructurings. By integrating tax planning into the transaction from the outset rather than treating it as an afterthought, we help clients avoid costly surprises and position their investments for long-term success.

Corporate Real Estate Services 

Real estate is one of the most significant assets on any company's balance sheet, and managing it strategically requires more than transactional support. Maynard Nexsen advises clients on the full range of real estate matters that arise while operating and growing a business, including lease negotiation, portfolio management, acquisitions, dispositions, and sale-leaseback transactions. We also counsel clients on the real estate dimensions of mergers and corporate restructurings, helping to identify issues early and structure transactions that protect long-term value. Whether a client is expanding its footprint, consolidating operations, or navigating a complex transaction, our attorneys bring the experience and cross-practice resources to get it done efficiently.

Debt Financing

Maynard Nexsen's Commercial Finance and Real Estate Groups combine deep industry knowledge and national reach to handle the financial structuring of projects of every size, including the largest and most complex.

We match every engagement with the right team, structured to move efficiently toward a timely, cost-effective closing regardless of portfolio size or transaction complexity. When related issues arise, our attorneys draw on colleagues across the firm in the areas of mergers and acquisitions, tax, economic development, construction, environmental, and bankruptcy.

Our attorneys advise on the full spectrum of debt financing arrangements, including construction loans, bridge loans, permanent financing, and credit facilities. We represent both borrowers and lenders, giving us a distinct understanding of each side's priorities and pressure points. Our attorneys guide clients through termsheet negotiation, loan documentation, and closing, working to secure favorable terms while anticipating the issues that can slow or derail a transaction. When transactions become distressed, we handle workouts across a range of financing structures, including standard term loans, non-recourse loans, CMBS, mezzanine debt, tax credit financing, and public finance.

We conduct thorough due diligence to uncover potential issues, analyze risks, and suggest resolutions to mitigate them. Working closely with our clients, our attorneys negotiate solutions that protect clients’ interests, regardless of asset type, while keeping transactions moving toward closing.

Our group represents sophisticated owners, investors, borrowers, and lenders in commercial real estate financing arrangements, including:

• Construction financing
• HUD/FHA mortgage insurance programs
• Fannie Mae multifamily loan programs
• Freddie Mac multifamily mortgage programs
• REIT transactions
• Ground lease financing
• Hospitality and timeshare lending
• Retail financing
• Bankruptcy proceedings, workouts, foreclosures, deed-in-lieu transactions, and REO acquisitions and dispositions
• Multistate real estate loan transactions
• Bridge financing
• Loans intended for securitization, such as CMBS financing
• Defeasance
• Loan dispositions

Equity Financing 

Maynard Nexsen advises real estate clients on a variety of equity financing arrangements, including joint ventures, preferred equity investments, and private placements. We help clients evaluate structure options, negotiate terms, and document transactions that align with investor and developer interests while protecting our client's position throughout the life of the project.

Environmental

Maynard Nexsen's Environmental Law Group is adept at handling issues related to environmental regulations, compliance, and permitting across a wide range of industries and business uses. Our services include:

• Siting, permitting, and operating industrial, manufacturing, service, public, and research and development facilities
• Purchase and financing of industrial properties
• Environmental insurance coverage litigation
• Compliance advice
• Enforcement defense

Our experience includes the representation of clients before numerous local, state, and federal regulatory agencies. Unlike many law firms in which environmental attorneys and litigation attorneys are in separate departments, our cohesive group combines extensive regulatory compliance experience with sophisticated litigation capabilities, including strategic trial and defense experience.

Our lawyers have served as lead counsel in trials, administrative hearings, and permitting appeals, and regularly represent clients before the Environmental Protection Agency, the Occupational Safety and Health Administration, the Mine Safety and Health Administration, and counterpart state environmental agencies throughout the Southeastern United States. 

Learn more about our Environmental Litigation & Regulatory Compliance practice.

Title Insurance 

Maynard Nexsen’s highly experienced real estate attorneys practice nationwide in all areas of title insurance claims and related disputes. Our Real Estate Group has represented major title insurers, commercial and residential lenders, and property owners in matters throughout the United States.

Our principal areas of title insurance practice include:

• Title reformation actions
• Quiet-title actions
• Coverage issues
• Mechanics' and materialmen's liens  
• Lien-priority disputes
• Boundary disputes
• Easements and access issues
• Title claims involving fraud, forgery, and undue influence
• Restrictive covenants
• Contract disputes
• Zoning disputes
• Legal malpractice disputes

Defalcation cases and trustee matters

In addition, we handle defalcation cases and trustee matters. In matters involving an attorney’s defalcation of trust funds, our lawyers represent title insurance companies, conduct audits of title files, and pursue recovery of damages suffered by title insurers through negotiation and litigation.

We also serve as trustees, serve as counsel for title insurance companies when a trustee has been appointed, and serve as counsel in voluntary audits of title files on behalf of title insurance companies.

CC&R’s and Condominium Regimes 

Maynard Nexsen advises developers, owners, and associations on the creation and administration of covenants, conditions, and restrictions (CC&Rs) and condominium regimes across a wide range of commercial and residential projects. Our attorneys are experienced in drafting and negotiating CC&Rs, declarations of condominium documents, bylaws, and rules and regulations tailored to the specific needs of each development. We also counsel clients on the establishment and governance of homeowners’ associations, property owners’ associations, and master associations.

Additional Real Estate Related Services 

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Insights

Check out the latest publications and insights from our group. 

TAGS: Article Series: NC/SC Real Property Case Law Update

Project Types  

Maynard Real Estate offers extensive experience across the following project types:  

Multi-family and Build-to-Rent   

Maynard Nexsen’s industry intellect in the multifamily and build-to-rent sector is unsurpassed. With decades of experience, our team has the know-how to fully serve companies in all aspects of their business, including development, acquisitions and dispositions, equity raising and joint ventures, tax considerations, debt and equity financing; regulatory compliance; environmental and permitting; leasing; and litigation when necessary.  

Recent representative transactions by our lawyers include:  

• Represent the developer in the assemblage, land use, construction, and debt and equity financing of multifamily and build-to-rent projects throughout the United States, including Tucson, Arizona; Savannah, Georgia; Tampa, Florida; Port St. Lucie, Florida; Daytona, Florida; Myrtle Beach, South Carolina; Wilmington, North Carolina; and Birmingham, Alabama.
• Represent an institutional investor in the acquisition, financing, and disposition of multifamily properties throughout the United States, including Dallas, Texas; San Antonio, Texas; Houston, Texas; Minneapolis, Minnesota; Atlanta, Georgia; Falls Church, Virginia; and Tampa, Florida.
• Represent the owner/sponsor in the acquisition, disposition, management, and financing of approximately 7,500 apartment units throughout the Southeast.
• Represented a multi-billion-dollar private equity fund in the portfolio sale of more than 1,000 single-family rental properties in Georgia, Tennessee, and Texas.
• Represent private real estate investment firms in sourcing equity capital for the acquisition of multifamily housing communities across the United States, including fund formation and the preparation of partnership and LLC agreements, subscription documents, and private placement memoranda.
• Represented the owner of a 250-unit multi-family rental project in Nashville, Tennessee, in converting the building to condominium ownership.

Residential Communities

Maynard Nexsen provides comprehensive real estate counsel to developers, owners, and operators of residential communities across all asset classes, including single-family subdivisions, master-planned communities, multifamily developments, and age-restricted communities. Our attorneys assist clients at every stage of the development lifecycle, from site acquisition and due diligence through entitlements, construction contracting, and disposition. We regularly advise on subdivision platting, declaration drafting and amendment, homeowner and property owners’ association formation and governance, restrictive covenants, and community infrastructure agreements.

Our team also handles the real estate aspects of financing transactions, including construction loans, permanent financing, and portfolio acquisitions secured by residential assets. With experience across the United States and a deal-focused approach, we help residential community developers and operators navigate complex regulatory environments and close transactions efficiently.

Recent representative transactions by our lawyers include:  

• Represent a national developer/homebuilder in the development of residential communities throughout the United States, including (i) the acquisition and assembly of land (including land bank transactions), (ii) land use and entitlement approvals, (iii) design, engineering, and construction contracts, (iv) the creation and structuring of community governance and amenity regimes (such as CC&Rs, HOAs, and club membership documents), (v) the negotiation and closing of lot purchase agreements and assignment structures, and (vi) equity and debt financing.
• Represented a national development company in negotiating a municipal development agreement for approximately 3,500 acres, securing entitlements for more than 4,000 residential units, and coordinating public‑financing mechanisms to support the construction of public improvements and infrastructure.
• Represented a regional homebuilder in the development of a 96‑acre mixed-use community, including the annexation of the property into a municipality, rezoning to a planned unit development district, and approval of a development agreement for municipal incentives.

Mixed Use

Maynard Nexsen delivers sophisticated legal counsel for mixed-use development projects, working closely with developers, investors, and institutional clients to structure, finance, and execute complex projects that integrate residential, retail, hospitality, and other commercial uses. Our team has extensive experience negotiating joint ventures, securing financing, and navigating zoning and land use requirements to support the successful development of high-profile mixed-use centers. We have represented developers in multi-phase projects that include luxury multifamily communities, premier retail centers, flagship hotels, and grocery-anchored developments on behalf of institutional investors and national retailers. From large-scale urban developments to regionally tailored projects, we provide end-to-end legal services aligned with our clients’ unique business objectives.

• Represented the developer in the acquisition, assemblage, condemnation, rezoning, sale, and development of a 400-acre mixed-use project.
• Represented an investment manager, as investor member, in joint venture negotiations and the acquisition of real property for the development of a $150 million mixed-use project comprising 362 multifamily units, 30 townhouse units, and approximately 400,000 square feet of rentable retail space.
• Represented the owner/developer in the development of a mixed-use commercial project comprising anchored retail, hospitality, entertainment, municipal/civic, and public park components, including the acquisition and financing of the project, land use and regulatory approvals, and preparation of restrictive covenants.
• Represent the owner/developer of a multi-phase mixed-use redevelopment project in Mountain Brook, Alabama, with retail, hospitality, and multifamily components, involving (i) a planned unit development rezoning, (ii) municipal incentives, (iii) stormwater and environmental matters, (iv) construction and development agreements, (v) CC&Rs and related governance, (vi) equity financing, (vii) construction and permanent debt financing, and (viii) retail leasing with national, regional, and local retailers and restaurants.
• Represented the owner of a large mixed-use building in its conversion to a commercial condominium regime comprising retail, office, and multi-family residential units.

Retail

Our leasing team regularly represents developers, owners, investors, and property managers of retail buildings in day-to-day transactional and operational matters. This includes negotiating new leases and renewals, coordinating property management issues and landlord-tenant disputes, and pursuing unlawful detainer, ejectment, and collections actions. We also collaborate with skilled attorneys in other areas of the firm to bring prompt solutions on complex matters facing our clients, including tax, financing, and bankruptcy issues.  

Recent representative transactions by our lawyers include:  

• Represented the developer in the development of an 800,000-square-foot power center and outparcels, involving (i) the assemblage of real estate, (ii) simultaneous sale to a national retail corporation, (iii) municipal incentives, and (iv) debt and equity financing.
• Represent a membership-based wholesale retailer in the acquisition, disposition, and development of warehouse stores throughout the Southeast. 
• Represented the developer in the redevelopment of an indoor mall into a 50-acre, 350,000-square-foot shopping center and outparcels, involving (i) the assemblage of real estate, (ii) the relocation of various retail occupants, (iii) a simultaneous sale to a multinational retail corporation, (iv) a joint development agreement with the retail corporation, (v) land use approvals, and (vi) municipal incentives provided pursuant to a redevelopment agreement with the city.
• Represent a public REIT in the negotiation of anchor, big-box, and national tenant leases for its shopping centers nationwide.  
• Represented an institutional investor in the acquisition of an open-air lifestyle center of more than 1,000,000 square feet in Kentucky.
• Represent a national retail tenant in an aggressive expansion program involving more than 100 new locations annually, partnering directly with the client’s real estate and construction teams to guide each transaction from letter of intent through lease negotiation, premises delivery, and store opening.
• Represent a national private equity investor in the acquisition, financing, and disposition of single- and multi-tenant retail properties leased to major national tenants throughout the United States. 

Hotels & Resorts  

Maynard Nexsen delivers comprehensive legal solutions tailored to the unique needs of the hospitality industry. We understand the complex challenges faced by hotels, resorts, and other hospitality businesses and have a wealth of experience serving both regional and national developers, institutional lenders, investment banks, capital providers, owners, and operators. With decades of experience helping developers turn vision into reality, our project list includes planned communities and resorts, recreation developments, hotels, condominiums, inns, spas, and marinas. 

Learn more about our Resort Development practice.  

Recent representative transactions by our lawyers include:  

• Represented a major hotel brand in the site acquisition, entitlement, and development of the initial 20 extended-stay hotels for a newly launched flag in the United States, including the negotiation of complex easement and restriction agreements addressing shared amenities and mixed-use restrictions. 
• Represent a family office-backed private equity firm in the acquisition, financing, and management of more than 20 hotels across the United States, including debt and institutional equity financing, the negotiation of franchise agreements with national brands, and the structuring of hotel management agreements with leading hospitality managers.
• Represent a national hospitality-focused private investment firm in its acquisition, development, lending, and property operations strategies.
• Represented a foreign investor group in the $80 million development of a luxury hotel in Atlanta, Georgia, financed through EB-5 capital and brand “key money” in lieu of traditional financing. 
• Represented a Florida-based developer in the development of an approximately $230 million hotel and branded residences project in Tennessee. 
• Represented a Georgia-based developer in the development of a $150 million resort hotel and branded residences project in rural Georgia, financed in part through the commercial property assessed clean energy (C-PACE) program.
• Represent a Louisiana-based developer in the creation and development of a large-scale, master-planned resort and residential community, including the assemblage of real estate, the drafting and implementation of master covenants, conditions, and restrictions (CC&Rs), the establishment and structuring of multiple sub-associations with their own CC&Rs and condominium regimes, and community governance and amenity management.

Office

Maynard Nexsen counsels developers, owners, investors, and tenants on the full range of office real estate matters, from single-tenant buildings and medical office facilities to large mixed-use projects with significant office components. Our attorneys handle transactions at every stage, including site acquisition, entitlements, development, leasing, financing, and disposition. We negotiate and draft office leases for both landlords and tenants, structure reciprocal easement agreements and declarations for complex multi-use projects, and advise institutional clients and financial institutions on managing multi-state office and branch lease portfolios. Our deep transactional experience helps clients move efficiently from contract to closing. 

Recent representative transactions by our lawyers include:  

• Represented the developer in the acquisition, development, construction, financing, leasing, and management of a 100,000-square-foot professional office building.
• Represented a national private equity firm in the acquisition and financing of office buildings representing more than $1.5 billion in aggregate transaction value.
• Represented the master developer of a large mixed-use project comprising multiple retail centers, multifamily residential developments, and several hundred thousand square feet of office space, including the structuring and recording of multiple declarations and reciprocal easement agreements governing shared infrastructure among project components. 
• Represented the seller in the sale of a 750,000-square-foot office building to an institutional investor.
• Served as national counsel to an investment and development firm for all acquisitions, dispositions, financings, and leasing of single- and multi-tenant retail and medical office properties across the United States, involving national credit and institutional tenants. 
• Represent institutional office owners in the leasing of office buildings to national, regional, and local tenants. 

Industrial

Maynard Nexsen has a dedicated team of real estate attorneys focused on industrial properties. We represent owners, investors, developers and tenants in transactions involving industrial properties throughout the country. Our attorneys have a keen awareness of the industrial space and grasp the unique challenges, including environmental and regulatory, that impact industrial investments, developments and related finance and leasing matters.  

Recent representative transactions by our lawyers include:  

• Represent a publicly traded manufacturer in the acquisition, disposition, and leasing of manufacturing and distribution facilities throughout the United States.
• Represent a family office-backed private equity firm in the acquisition, financing, and management of more than 15 industrial projects across the United States, including debt and equity financing, leasing, and property management.
• Represented the purchaser in more than $500 million of acquisitions and dispositions involving a nationwide portfolio of trucking terminals.
• Represented an institutional investor in a co-GP venture with a developer for the development of cold storage warehouses. 
• Represented the owner in the lease of a newly constructed 500,000-square-foot industrial building to a Fortune 500 tenant. 
• Advised on syndicated construction financing for build-to-suit industrial projects, including tax-advantaged structures and complex construction arrangements. 
• Served as tenant counsel to multiple national companies in the negotiation of industrial leases and distribution center operations across North America. 
• Served as landlord counsel to owners of industrial and warehouse properties in the negotiation of leases and the acquisition, development, and management of those properties across multiple jurisdictions, including significant transactions in Alabama, California, Florida, Georgia, Kentucky, and Texas. 

Medical  

Maynard Nexsen has extensive experience representing and advising hospitals, health systems, physician groups, private equity sponsors, and developers on the full range of medical and health care real estate projects. We understand the regulatory, operational, and reimbursement pressures unique to health care users and structure transactions to align with those constraints and business goals. 

We provide clients with a connected perspective, drawing on our depth and extensive experience in the areas of real estate, corporate, construction, finance, regulatory, and health care law.  Our robust cross-disciplinary teams assist developers, managers, investors, and owner-operators in all aspects of the growing health care industry.    

Learn more about our Health Care practice. 

Recent representative transactions by our lawyers include:  

• Serve as primary outside counsel to one of the largest academic health centers in the United States, including in its acquisition of a health system, its assemblage of 40 acres for the construction of a new 200-bed hospital, and its development of a cancer therapy center. 
• Serve as primary national real estate counsel to a publicly traded healthcare operator in its acquisition of leased medical clinic facilities throughout the United States under a synthetic lease program involving national and institutional sellers, landlords, and financial services providers, encompassing more than 100 transactions in Alabama, California, Delaware, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, Washington, and West Virginia. 
• Represent a national developer in the land acquisition, development, financing, and leasing of inpatient and outpatient rehabilitation facilities, medical office buildings, and freestanding emergency clinics for national hospital systems in more than 10 states.
• Represent a REIT in the acquisition, financing, and disposition of medical office properties leased to major hospital tenants throughout the United States.
• Represented a joint venture between a large healthcare-focused REIT and a global private equity firm in the acquisition of a $90 million Class A medical office building in Alabama.
• Represent a healthcare company in the development and operation of a nationwide pipeline of urgent care and surgery centers, including land acquisition, equity raises, debt financing, construction, regulatory matters, and master development agreements.

Self Storage 

Maynard Nexsen counsels owners, operators, and investors across all phases of the self-storage real estate lifecycle. Our attorneys have guided clients through the acquisition and development of self-storage facilities across multiple states, handling site selection, contract negotiation, title and survey review, environmental due diligence, and project structuring. We regularly advise on zoning and land use approvals, construction contracts, reciprocal easement agreements, and property management agreements with national and regional operators. Our team also represents borrowers in construction, bridge, and permanent financing transactions, and negotiates joint venture and equity structures for self-storage platforms of all sizes.  

Recent representative transactions by our lawyers include:  

• Represented an investment firm in the acquisition and development of 55 self-storage facilities over a four-year period in Alabama, Georgia, Tennessee, Mississippi, Louisiana, Florida, South Carolina, and North Carolina, including traditional, construction, and guidance line financing facilities with regional lenders, bridge lenders, and life insurance companies. 
• Represented a non-agency correspondent investor in the acquisition and development of nine self-storage facilities in Alabama, Georgia, and South Carolina, including the negotiation of construction contracts, joint ventures with family office equity providers, and property management agreements with national, public, and regional management companies, as well as the implementation of internal corporate structures and equity incentive programs.

Timber  

Maynard Nexsen attorneys regularly represent sellers, purchasers, institutional lenders, landlords, and tenants in connection with timberland transactions. Our attorneys routinely advise clients with negotiating timberland purchase and sale agreements, loan agreements, and related documentation. Attorneys from our Environmental Practice Group also support clients with complex environmental endangered species issues facing timberland owners, among others.  

Recent representative transactions by our lawyers include:  

• Represented an international energy company in the acquisition of more than 55,000 acres of timberland located in Arkansas and Mississippi.
• Represented a nature-based carbon project developer in the acquisition of over 7,000 acres of timberland across Alabama, Georgia, and Tennessee for a voluntary carbon removal afforestation project.
• Advised on the formation of a $1 billion open-end timber investment fund. 
• Represented a national investor in the division of assets of a timberland investment vehicle, which involved the formation of four private REITs, the negotiation and documentation of replacement debt financing, and the transfer of approximately 2,000,000 acres of timberland located in Alabama, Arkansas, Florida, Louisiana, Mississippi, North Carolina, South Carolina, and Texas. 

Learn more about our Environmental Law practice.   

Data Centers  

Maynard Nexsen's attorneys deliver comprehensive legal solutions tailored to the unique requirements of the data center sector. Our team possesses a deep understanding of the complexities involved in developing, operating, and scaling data centers within a dynamic digital landscape.  

We have extensive experience guiding clients from the initial stages of data center establishment, including early-stage incentive packages to site selection and acquisition, and through the intricacies of ongoing operations, ensuring adherence to zoning laws, complex tax rules, environmental regulations, and real estate transactions; ensuring that both domestic and international companies can establish successful data center operations.  

Our real estate practice provides comprehensive support to clients across the data center industry, assisting global technology companies, network service providers, and a wide range of manufacturers and suppliers. Our team guides clients through site selection, incentives, land acquisition, land use and zoning, construction, leasing, and power purchase agreements, as well as financing, environmental and regulatory compliance, and ongoing operational contracts. We conduct robust due diligence, including infrastructure analysis, power availability, fiber routes, water supply, and full title and survey reviews to ensure sites are development-ready and incentive packages are maximized. Our attorneys bring deep experience negotiating PPAs, navigating local, national, and cross-border energy regulations, structuring joint ventures and M&A transactions, and securing both construction and long-term project financing. Our environmental and regulatory attorneys also support clients throughout development and operations, including advising on ESG compliance.  

Learn more about our Data Centers practice.   

Recent representative transactions by our lawyers include:  

• Represent two of the world's largest technology companies in the development and operation of their multi-billion-dollar data centers in Alabama, including economic development incentives.
• Represent a vertically integrated digital infrastructure provider in the land acquisition, entitlement, financing, development, and operation of data center projects across the Southeast.
• Represented a global online retailer in the negotiation and documentation of economic development incentives for a $10 billion data center campus creating more than 500 jobs, making it one of the largest capital investment projects in North Carolina history.
• Represent a Fortune 100 technology company in data warehouse and build-to-suit leases. 
• Represented landowners in the sale of land to data center developers for projects in North Carolina and South Carolina. 

Student Housing

Maynard Nexsen possesses robust experience representing universities, affiliated real estate foundations, and private developers in the planning, financing, development, and operation of student-oriented projects. We serve as counsel to university real estate foundations on matters ranging from in-kind real estate gifts and gift acceptance policies to the development, leasing, management, and disposition of income-producing student housing assets. 

Our team regularly advises on real estate acquisitions, campus-adjacent developments, major renovation and construction contracts, property management and occupancy agreements, and credit facilities and permanent loans secured by student housing portfolios. Working closely with senior university leadership and real estate offices across multiple flagship institutions, we provide practical, deal-focused counsel that aligns student housing initiatives with institutional, financial, and compliance objectives. 

Recent representative transactions by our lawyers include:  

• Serve as general counsel to a university real estate foundation, advising on all real estate-related matters, including grants, gifts, corporate governance, tax, and compliance. 
• Represent student housing developers in the land acquisition, entitlement, financing, and construction of on-campus and off-campus student housing projects. 
• Represent management firm specializing in management of on-campus student housing in connection with its operation and management of student housing projects across the United States.
• Represent multiple major universities in real estate acquisition, development, and financing matters. 
• Provide comprehensive real estate counsel to university-affiliated foundations, including in-kind real estate donations, development policies, due diligence, and property management agreements. 

Affordable Housing  

Maynard Nexsen brings deep experience in the planning, development, and financing of affordable housing projects. We help public agencies, nonprofit sponsors, and private developers navigate the complexities of affordable housing programs and transactions.  

Our comprehensive real estate support for the affordable housing development lifecycle includes: 

• Site Acquisition and Due Diligence – Assisting with land acquisition transactions, environmental reviews, title examinations, survey analysis, and other due diligence matters to identify and mitigate project risks. 

• Zoning and Land Use – Guiding developers through zoning changes, rezonings, variances, special use permits, and other land use approvals necessary to advance affordable housing projects. 

• Development Agreements – Drafting, reviewing, and negotiating development agreements, joint venture agreements, construction-related contracts, and other key project documents to support successful project execution. 

Like many areas of the economy, the affordable housing industry has experienced financial setbacks in recent years. Maynard Nexsen's Affordable Housing Group provides comprehensive representation for projects that encounter financial stress. We have extensive experience with these issues and can customize our team and scope of representation to align with each client's objectives, whether that means renegotiating covenants, restructuring financing, or exercising available remedies. 

Recent representative transactions by our lawyers include: 

• Represented the buyer in $300+ million in aggregate acquisitions of partnership interests in affordable multifamily housing portfolios encompassing more than 1,000 units, guiding the transactions from drafting and negotiating the purchase and sale agreements through due diligence and closing.

Senior Living & Long-Term Care 

Maynard Nexsen is focused on helping clients operating in the heavily regulated senior living and long-term care sector achieve their business goals and maintain best practices in operations, regulatory, and legal compliance so they can fulfill their primary mission: providing excellent services to residents and their families.  

Our Real Estate Group represents clients from start to finish in developing senior living and long-term care facilities, including independent living units, assisted living units, memory care units, skilled nursing beds, and continuing care retirement communities that contain some or all of these units. Our experience involves all aspects of project development, from architectural and construction contracts to appropriate due diligence to placed-in-service date. In addition to new construction or expansion, we also represent clients in acquiring existing facilities.   

Learn more about our Senior Living & Long-Term Care practice.  

Recent representative transactions by our lawyers include:  

• Represent a senior living operator in the development and financing of a multi-phase independent and assisted living community with memory care in Florida. 
• Represented the buyer in the $155 million acquisition of a 15-property senior housing portfolio.
• Represent a senior living developer/operator in the development and management of senior living communities in multiple states, including the multi-phase development and operation of a $107 million independent and assisted living community with memory care in Georgia, financed through mortgage debt, joint venture debt, and preferred equity. 

Natural Resources  

Maynard Nexsen attorneys bring extensive experience in natural resources law, representing large landowners, trusts, energy companies, and industrial clients before local, state, and federal agencies. Our work spans the full range of land use approvals and natural resources matters, from permitting to project financing. 

Our experience includes: 

• Securing permits for mining operations, wetland fill, and other development and commercial activities requiring state and federal approvals. 

• Negotiating solar leases, options, and purchase agreements, and handling related state regulatory matters. 

• Advising coal companies with domestic and international operations on a wide variety of legal and compliance matters, including environmental compliance. 

• Assisting with the acquisition, development, construction, operation, and financing of power generation facilities and natural gas and crude oil pipelines. 

Recent representative transactions by our lawyers include:  

• Represented an oil and gas production company, as lead real estate and financing counsel, in its acquisition of more than $400 million of proportionate working interests in oil and gas assets located in Arkansas, Louisiana, and Texas.
• Served as real estate counsel to a leading chemical lime company in all aspects of its real estate matters, including acquisitions, dispositions, leases, easements, zoning, land use, and surface use, as well as related minerals and mining matters in Alabama, Georgia, Tennessee, Virginia, and Ohio. 
• Represented a major aggregates company in real estate matters in Alabama, North Carolina, and South Carolina, including acquisitions, dispositions, leases, easements, zoning, land use, and surface use. 
• Represented a natural gas company in the Appalachian region in mineral leases, easements, acquisitions, dispositions, assignments, and surface rights agreements, together with the real estate aspects of corporate divisions, mergers, and acquisitions. 

Learn more about our Natural Resources practice.  

Alternative Energy 

Maynard Nexsen attorneys are experienced in supporting the objectives of new and expanding alternative energy businesses throughout the country. Our firm's industry knowledge helps us support alternative and renewable energy industries that seek to grow their businesses by providing sustainable and environmentally friendly sources of fuel and power generation.  

With direct experience navigating the full range of real estate and permitting matters that drive successful energy projects, our Real Estate Group partners with businesses from initial site control through construction and operations. 

Recent representative transactions by our lawyers include: 

• Provided environmental permitting and regulatory compliance counsel across multiple industry sectors, including bioenergy, waste recovery, and recycling facilities. 
• Provided comprehensive real estate counsel to a solar energy developer in the development of solar projects across Alabama. 
• Represented a renewable energy company in the acquisition of fee and leasehold property interests for the development of a solar energy farm of more than 1,000 acres.
• Served as compliance counsel for multiple smart grid, battery storage, and biomass projects. 

Recreational

Maynard Nexsen represents developers, investors, and operators in the acquisition, development, financing, and disposition of recreational real estate across a broad range of property types. Our experience includes marinas, yacht clubs, golf course communities, and mixed-use recreational developments that combine hospitality, retail, and leisure components. Our attorneys understand these projects present unique legal challenges and have robust experience guiding clients through related issues such as complex zoning and annexation matters, specialized financing structures, and multi-party development agreements.

Recent representative transactions by our lawyers include: 

• Represented the developer in the assemblage, acquisition, development, and financing of a $200 million yacht club and marina project, including mega-yacht and large-yacht slips, dry docks, engine repair and marina support facilities, and hotel and boardwalk retail components.
• Represented the developer in the acquisition, annexation, zoning, development, and subdivision of a golf course community.
• Represented a private real estate investment fund in the acquisition of marina and vessel storage facilities throughout the United States, including Kentucky, Oklahoma, and Texas.

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