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Real Estate and Development

Acquisition, financing, development, and sale of real estate

Real Estate and Development

Acquisition, financing, development, and sale of real estate interest

There is nothing quite as rewarding as being able to take a drive and see the fruits of your labour redefining the city skyline. Nelligan Law’s Real Estate Law practice group brings to bear an advantage that we believe is unique in Eastern Ontario – we have grown from strong practices in real estate, land development and condominium law.

Our team has more than 25 years of experience acting for condominium corporations and owners of shared property interests, as well as acting on the development and construction of shared property communities. In our development practice, we have had the privilege of working on some of Ontario’s most complex integrated, mixed-use and shared property developments. We represent more local real estate developers than any other law firm in the Ottawa area.

Let’s be frank – our team is rife with real estate nerds. They obsess over every detail that impacts the development, budgeting, construction, commissioning, management and operation of a property, regardless of its size and type. We know what works and what doesn’t. This kind of attention to detail has made group leader Deborah Bellinger an expert witness in court proceedings. Municipalities turn to us for advice on master plan real estate developments.

Our work takes us across Ontario. We see big opportunities in the years ahead as a growing emphasis on infill development demands more creative mixed-use planning in the urban core. We also have an outstanding track record acting for developers, condominium corporations and homeowners in responding to or advancing Tarion claims. Our team understands the timelines, regulations and bulletins that govern the Tarion process, and how Tarion remedies can combine with other claims.

We have the support of the firm’s Commercial Litigation group for any real estate, construction, or development dispute that can’t be resolved. You can rely on us to counsel you through every step of the litigation process and ensure your business objectives are protected.

Whether you seek to buy, sell, finance, develop or build, we will ensure you have a strong foundation for the future.

Nelligan Law is a member in good standing with the Greater Ottawa Home Builders’ Association, and the Canadian Condominium Institute.

FCM Green Municipal Fund

The Federation of Canadian Municipalities’ Green Municipal Fund (GMF) offers funding and knowledge to municipal governments and their partners for municipal brownfield initiatives; including: grants for community brownfield action plans and environmental site assessments, loans for brownfield capital projects, and a host of tools and resources on greening your brownfields.

Our team has extensive expertise and knowledge in the field of commercial real estate financing. We represent financial institutions, lenders, and borrowers in a variety of financing and bonding transactions for properties and projects of all types and sizes.

We help our clients structure and negotiate their loan transactions, which includes advice on such issues as commitment terms, security and priority issues, environmental concerns, and due diligence requirements.

Our lender clients appreciate our responsiveness and rely on us to act effectively in the preparation and registration of security in financing transactions. Our real estate team has an excellent reputation in real estate development and our financing lawyers work hand-in-hand with lenders and borrowers on large development projects.

We have particular expertise in more complicated transactions, including land servicing loans, construction loans, condominium development loans, and mortgage defeasance transactions. Our real estate and development lawyers are deal-making business people who understand their clients’ business needs, and work diligently to achieve great results.

Our leasing provides its clients expertise in the field of commercial leasing. We represent a variety of landlords and tenants in multi-tenant and mixed use office, retail, and industrial buildings in the Ottawa area and other parts of Eastern Ontario. Specific services offered by this group include:

  •  Drafting, review, and negotiation of sophisticated commercial leases for property owners and tenants
  •  Lease audits for landlords
  •  Lease renewal and fair market rent arbitrations
  •  Comprehensive lease reviews in connection with the acquisition and financing of commercial properties
  •  Drafting, review, and negotiation of lease amending agreements, lease assignments, tenant estoppel certificates, and other related lease documentation
  •  Timely advice in respect of lease terminations, distraint, and other landlord and tenant remedies
  •  Condominium leasing included mixed use residential/commercial buildings

We also have the expertise to structure complex leasing arrangements, including ground leases, solar and other alternative energy facility leases, strata leases, and leases involving joint venture agreements. Our knowledge of the business aspects of commercial leasing means that we are able to negotiate leases and related agreements cost-effectively and in a timely manner to meet your needs. When leasing issues or disputes arise, our leasing group is able to develop new and creative solutions to solve your problems. Our goal is to settle leasing disputes in a cost-effective way before litigation is commenced. In certain cases, where disputes or default situations cannot be resolved, our commercial litigation lawyers are experienced in handling commercial leasing matters in a decisive fashion. Our extensive expertise in both commercial real estate and development allows us to provide integrated complete solutions to complex problems.

he experienced team members of our real estate and development group are leaders in the acquisition, financing, development and sale of real estate interests. Our practice extends to all sectors of Ottawa’s real estate market and to projects throughout the province including Toronto. We offer our clients significant depth of experience in all matters related to real estate, supported by a strong team approach to client service. We enjoy sharing our knowledge and experience with each other and with our clients and contacts. This approach forms the basis of our growing reputation as the first choice for important transactions, developments and real estate issues.

We also have an experienced commercial leasing team that assists both landlords and tenants in multi-tenant, mixed use office, retail and industrial buildings in the Ottawa area and Eastern Ontario.

Extensive experience in condominiums has enabled our real estate group to gain significant expertise in all matters related to new condominium development, existing condominiums, new conversions, and other forms of multiple unit housing, including mixed use residential and commercial developments.

Through our local network we maintain strong alliances with other members of the local real estate bar and with service providers to the development industry. These contacts have been invaluable to us and have grown to include well established relationships with institutional and private lenders, urban planners, appraisers, engineering and architectural consultants, surveyors, insurers, and real estate brokers and agents.

Nelligan Law is a member in good standing with the Greater Ottawa Home Builders’ Association, BOMA and the Canadian Condominium Institute.

Additional services we provide:

  • survey and boundary issues; title disputes, neighbour disputes.
  • encroachment issues (new and existing construction, right to encroach in undertaking repairs)
  • easements – registered and unregistered
  • title by adverse possession
  • zoning, legality and expansion of existing use
  • building code compliance issues  for both new and existing construction
  • registered and unregistered claims against title
  • errors in legal descriptions
  • Land Registry Office issues
  • environmental hazards and clean-up obligations
  • shared private services
  • liens against title and construction liens
  • indigenous land claims
  • shared driveways, rights of way and access; private approach by-laws and driveways; parking restrictions
  • creation and management of integrated shared property
  • access issues (i.e. rights-of-way)
  • building restrictions (i.e. restrictive covenants)
  • fence construction or removal (boundary location)
  • errors on title
  • building deficiency claims
  • Ontario New Home Warranty Program issues

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