Philip M. Hastings

President, Director, and Shareholder

Philip M. Hastings

Two Capital Plaza
P.O. Box 1137
Concord, NH 03302-1137

hastingsp@cwbpa.com

603-224-7761 ext. 1069

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Legal Assistant
Maureen Rowley
603-224-7761 ext. 1063

rowleym@cwbpa.com

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NH Estate Planning

Practice Areas

Real Estate Development and Finance
Land Use and Zoning
Commercial Transactions
Commercial Lending
Leasing

Education

JD, Harvard Law School (1993)
BA, summa cum laude, Connecticut College (1988)

Bar Admissions

New Hampshire (1993)
Massachusetts (2013)

BV Distinguished® Peer Review Rating from Martindale-Hubbell®

Professional Membership

New Hampshire Bar Association
American Bar Association
International Council of Shopping Centers
First American Title Insurance Company Agent
Old Republic National Title Insurance Company Agent
Fidelity National Title Insurance Company Agent

Experience

• Member, Granite State Title Services, LLC.

• New Hampshire counsel for several major retailers, shopping center, office and multi-family housing developers with respect to permits and approvals, zoning, title and other due diligence, redevelopment, and related transactional work.

• New Hampshire counsel for several major retailers, shopping center, office and multi-family housing developers with respect to permits and approvals, zoning, title and other due diligence, redevelopment, and related transactional work.

• Represents several large commercial and residential property owners in all phases of ownership (development, financing, permitting, etc.). Work includes commercial site plans, large-scale subdivisions, condominiums and condominium conversions, ski resorts and golf course communities.

• Prepared several successful applications for condominium and subdivision registration with the Attorney General’s office.

• Represents family-owned corporation with substantial forest and waterfront property. Work includes purchase and sales of real estate and other transactions, property tax management, current use taxation, landowner liability, environmental issues.

• Coordinated real estate due diligence in multi-million dollar, multi-state transaction, involved environmentally contaminated property.

• Represents various borrowers in real estate-related loan transactions, including as local counsel for a number of out-of-state borrowers with New Hampshire property in multi-jurisdictional transactions.

• Counsel for real estate investors using IRC Section 1031 tax-deferred exchanges.

• Represents tenants and landlords in drafting and negotiating office, retail and other commercial leases and lease amendments.

• Represents large regional banking institution and several other lenders for real estate-based loans and credit facilities.

• Represents businesses and individuals with respect to compliance with zoning and land use laws, wetlands and other environmental laws and other real estate-based regulations.

• Represents several homeowners and condominium unit associations.

• Expert witness in complex litigation involving conveyancing practice, zoning and land use law and title issues.

• Title insurance agent for numerous multi-million dollar transactions.

Publications

Contributor, Granite State Title Services, LLC blog

Phased Condominium Developments,” New England Real Estate Journal, September 1, 2017.

 Northern Pass Decision:  A Road Well Traveled,” New England Real Estate Journal, March 3, 2017.

What are we looking for in 2017?  A Number of Policy Changes That Will Impact the Real Estate Industry,” New England Real Estate Journal, January 6, 2017.

Important Changes to New Hampshire’s Transfer Tax Creates Opportunity,” New England Real Estate Journal, September 2, 2016 (with Jeffrey C. Christensen).

“Live Free? A Rather Long List of Regulations on Development in N.H.,” New England Real Estate Journal, July 1, 2016.

Requirements for Subdivisions Under the Land Sales Full Disclosure Act,” New England Real Estate Journal, March 4, 2016.

The Incredible Shrinking Parking Field and Outparcel Development,” New England Real Estate Journal, September 4, 2015.

New Hampshire Real Estate Transfer Tax Primer,” New England Real Estate Journal, April 3, 2015 (with Jeffrey Christensen).

Pitfalls in Reviving an Unfinished Development Project,” New England Real Estate Journal, January 2, 2015.

(Mostly) Quiet on the Legislative Front: Real Estate Laws and Regulations are Constantly Evolving,” New England Real Estate Journal, July 25, 2014 (with Jeffrey Christensen).

Have You Sabotaged Your Own LLC?,” New England Real Estate Journal, April 4, 2014 (with Mark E. Beaudoin).

Dealing with Boundary Encroachments,” New England Real Estate Journal, March 7, 2014.

Supreme Court Extends Constitutional Protections for Development,” New England Real Estate Journal, September 6, 2013 (with Mark E. Beaudoin).

A Few Other Reasons to Use a Limited Liability Company to Hold Real Estate,” New England Real Estate Journal, March 1, 2013.

Limits of Limited Liability for Property Owners and Managers,” New England Real Estate Journal, July 6, 2012 (with Mark E. Beaudoin).

New Laws Affect Landlords and Tenants,” New England Real Estate Journal, March 2, 2012 (with Mark E. Beaudoin).

Secure and Fair Enforcement for Mortgage Licensing Act’s Effect on Residential Real Estate Market,” New England Real Estate Journal, July 1, 2011 (with Elizabeth D. McCormack).

Buyers Beware, Part 2: Doing Your Due Diligence as the Prospective Homeowner,” New England Real Estate Journal, January 7, 2011 (with Elizabeth D. McCormack).

Buyers Beware, Part 1: Doing Your Due Diligence as the Successor Developer,” New England Real Estate Journal, November 5, 2010 (with Elizabeth D. McCormack).

A Few Things You Should Know About New Hampshire Real Estate,” New England Real Estate Journal, March 4, 2010 (with Elizabeth D. McCormack).

Relying Solely on the Advice of Town Officials Can Be Risky Business,” New England Real Estate Journal, September 1, 2006.

A New Era of Zoning Protection in New Hampshire,” New Hampshire Bar News, August 11, 2006 (with Carmine D. Tomas).

New Hampshire Legislature Ushers in a New Era of Zoning Protection,” New England Real Estate Journal, July 1, 2006.

Site Plan Acceptance: A Sometimes Bumpy Road to Zoning Protection,” New England Real Estate Journal, April 1, 2006.

Avoiding Unexpected Lease Costs,” New England Real Estate Journal, July 1, 2004.

N.H. Supreme Court Delivers Good News to Developers and Property Owners,” New England Real Estate Journal, March 7, 2003 and April 4, 2003 (with David W. Rayment and John H. Sokul).

Practical Tips for Getting Site Plan Approval,” New England Real Estate Journal, March 1, 2003.

“New Legislation to Affect Landowners and Developers,” New England Real Estate Journal, July 2, 1999 (with John H. Sokul).

Law Clarifies Planning Board Procedure on Site Plan and Subdivision Applications,” New England Real Estate Journal, March 5, 1999.

New Decision May Benefit Developers of Current Use Land,” New England Real Estate Journal, July 3, 1998.

Zoning Issues and Real Estate Refinancings,” March 6, 1998.

Paying Attention to Permits and Approvals,” New England Real Estate Journal, September 5, 1997.

Tax Abatements and Shopping Centers in New Hampshire,” New England Real Estate Journal, April 25, 1997.

Special Benefit for Conservation Restrictions in New Hampshire,” New England Real Estate Journal, March 7, 1997.

Charitable and Civic Activities

Greater Concord Chamber of Commerce

Chair (2017-2018)
Chair-Elect (2016-2017)
State Government Committee, Chair (2014-2016)
Local Government Committee, Member (2006-present)
Secretary (2014-2016)
Board of Directors (2010-2014)

Concord Business Group
Director and Officer (1996-2007)

Mayor’s Development Process Review Task Force
Co-Chair, Concord, New Hampshire (2004-2005)

Robert “Eli” Whitney Scholarship Fund, Inc.
Director and Officer (2004-present)

Interstate 93 Citizens Advisory Task Force
Member (2002-2005)