Common Real Estate Litigation Issues

By its nature, real property ownership carries with it certain inherent risks. For example, issues can arise with adjoining landowners such as disputes over boundary lines, easements or the manner in which parties are using their property. Issues can also arise out of third party claims made by invitees or licensees. When the real property is part of a commercial common interest development, such as a shopping center, there are additional complexities that can give rise to disputes, including issues involving restrictive covenants, common area maintenance and control, cost-sharing issues, and indemnity obligations. Often these issues can be resolved informally, but when they cannot, they can impact an owner’s ability to use, lease, sell or borrow against its property.

How Our Experience Helps

We have represented real property owners in connection with a wide variety of real property disputes, with issues ranging from the straightforward to the very complex. We have represented owners in connection with disputes over operating agreements, reciprocal easements, CC&R’s, and common area maintenance obligations or charges. We have prosecuted and defended claims for quiet title, cancellation of instruments, specific performance, and other equitable remedies. We have also defended property owners against facility-based claims under the Americans with Disabilities Act and sought indemnity from other liable parties.

Because real property disputes often include intangible components or interests, they are often the most conducive to creative resolutions. We explore these possibilities with our clients in order to reach the most satisfactory resolution while minimizing costs. However, when a matter cannot be resolved consensually, we are thorough and precise with the relief we seek in order to ensure that, to the extent possible, any judgment obtained satisfies the client’s objectives and resolves any issues impairing the client’s title.

Representative Matters

• Prosecuted an action to specifically enforce a shopping center building restriction and obtained the early dismissal of defendant’s cross-claims and recovery of attorneys’ fees by prevailing on an anti-SLAPP motion
• Defended owner of undeveloped property in action for negligence, trespass and nuisance brought by tenant on adjacent parcel for damages resulting from water damage
• Successfully resolved an easement dispute between adjoining industrial landowners regarding a common driveway which involved ingress and egress rights, parking issues and the enclosure of scarce storage space
• Represented an industrial property owner in a boundary and fence location dispute with an adjoining owner and favorably resolved it pre-litigation
• Represented a shopping center parcel owner in litigation with the majority parcel owner and shopping center manager over issues including common area expense reimbursement obligations, easement rights, and related matters governed by an operating and reciprocal easement agreement
• Represented national residential builder as option-holder in dispute with property owner regarding whether the option agreement with property owner had been terminated and which party was responsible for payment of grading costs
• Obtained summary judgment in favor of the owner of a commercial center against the patron of a tenant restaurant claiming violation of the Americans with Disabilities Act and related state-law statutes
• Obtained early resolution of numerous federal court lawsuits filed against owner clients alleging claims under the Americans with Disabilities Act and related California statutes

If you would like to discuss how our experience can assist you with your specific business dispute or legal issue, please contact us for a free telephone consultation.