Real Estate

Hancock Daniel’s real estate team provides commercial real estate services that are tailored for the healthcare community. From the commercial office lease to the acquisition and development of new hospitals and other healthcare facilities, the firm has experience handling complex real estate needs for healthcare providers. Hancock Daniel has represented clients through all stages of the real estate transaction, such as planning, evaluating available options, negotiating terms, drafting, and coordinating due diligence and settlement.

Commercial real estate development services offered by Hancock Daniel include but are not limited to: construction and leasing projects, including master facility projects; zoning review, amendment, and compliance; drafting, negotiating and advising on sales contracts, option contracts, deeds, deeds of trust, financing instruments, easements and covenants, conditions and restrictions for commercial development; negotiations with local governments on access, roadway development, storm water runoff and utilities; preparing condominium documents and establishing condominium regimes; and collaborating with developers, lenders, engineers, surveyors, local governments and utility providers.

For real estate acquisitions, the firm helps to coordinate due diligence activities such as surveys, environmental and soil studies, and title insurance. This includes a comprehensive review of draft surveys and title commitments to resolve discrepancies, encumbrances on title and other issues that may arise. The firm works with local governments to help address zoning compliance issues and to obtain special use permits, variances and changes in zoning classification.

The firm regularly works with commercial real estate lenders to review loan documentation proposed deeds of trust and mortgages and the coordination of title insurance and flow of funds at closing. We also serve as local counsel in multiple states to review mortgage-backed credit facilities extended to publicly traded healthcare organizations.

Hancock Daniel also has extensive experience in drafting and negotiating commercial leasing arrangements and advising on fraud and abuse issues related to leasing arrangements between healthcare providers. This not only includes a review based on landlord or tenant friendly provisions, but also the appropriate use of full service, triple net, hybrid or ground leasing arrangements based on the circumstances of each leasing arrangement. As the government has focused its attention on suspect leasing arrangements, it is critical that healthcare providers ensure that their leasing arrangements are structured in a compliant manner.

The firm’s representative real estate engagements include:

  • Assisting seller with multi-medical office building disposition and ground lease of land to the buyer;
  • Representing buyer with the acquisition and development of vacant real estate for the development and construction of a new, 300-bed acute care hospital, including the development and construction of a new public roadway system accessing the site;
  • Representing health systems with medical office building condominium conversions;
  • Advising healthcare providers with physician-hospital medical office building joint ventures;
  • Representing health system with real estate matters related to the lease and construction of a cancer center and ambulatory surgery center;
  • Spearheading rezoning and obtaining governmental approvals for a large development site of a federal healthcare facility;
  • Leading and coordinating due diligence efforts related to acquisition of 300-bed government hospital;
  • Negotiating and revising complex leasing and purchasing arrangements for multi-hospital health systems; and
  • Obtaining a special use permit for an outpatient healthcare facility with a drive through pharmacy to serve members of the Department of Defense and their families.



    Michael R. Newby
    Michael R. Newby

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