Real Property Litigation

Real property or real estate litigation encompasses a wide variety of matters arising out of or related to interests in real property. Real estate litigation sometimes involves a subset of contract law because basic real estate transactions involve contracts. Disputes sometimes arise because a contract may be open to interpretation or one of the parties may fail to perform his or her obligations. Furthermore, many real property disputes that have to do with damage to the property or the land may require further investigation to determine the actual cause of the damage. Our experience in inverse condemnation law helps us assist clients effectively in such situations.

We have provided legal advice and representation for real property litigation matters such as:

  • Eminent Domain/Inverse Condemnation
  • Purchase and sales transactions, including failure to disclose issues
  • Easements
  • Deeds
  • Premises liability
  • Boundary disputes
  • Ownership disputes
  • Commercial landlord/tenant matters
  • Foreclosures
  • Broker/Agent liability
  • Environmental issues
  • Construction litigation, including mechanic’s liens
  • Claims for payment by and against contractors

A representative sample of our prior real property litigation matters includes:

  • Represented a property owner against a prospective buyer’s claim for specific performance by obtaining summary judgment against the prospective buyer
  • Represented through trial the owner of a residence against claims by the tenant for damages allegedly caused by exposure to toxins
  • Represented a client, a victim of identity theft, in defeating a bank’s attempts to foreclose on her home based upon a forged deed of trust
  • Represented contractors and subcontractors on their claims for payment, including at trial and in arbitrations
  • Represented property owners in claims against contractors for construction defects
  • Defended contractors against claims for construction defects
  • Defended through trial contractors against subcontractors’ claims for payment
  • Represented clients in boundary disputes