Real Estate Practice Group

The firm’s Real Estate Practice Group specializes in real estate transactions, real estate and construction litigation, and general counseling in these areas.  The firm’s real estate attorneys have extensive knowledge and experience in representing borrowers, developers, owners, and financial institutions in all areas of real estate law.  We focus on real estate acquisitions and financing; land use and zoning; and all types of real estate litigation, including eminent domain actions.  

Our attorneys consistently stay ahead of market trends and frequent changes in real estate laws and regulations.  Further, several of our attorneys are also licensed real estate brokers and Realtors, giving them further negotiation skills and insight on current market conditions.  We collaborate with our clients to identify their critical objectives and to create effective, cost-saving solutions to achieve their goals. 

Real Estate Transactions

Our attorneys have extensive experience with expertly negotiating and crafting advantageous real estate deals for their clients.  Our clients regularly seek our straightforward advice, negotiation and drafting services for the following types of matters:

• Complex real estate acquisitions and dispositions;
• Commercial, residential and industrial development deals;
• Commercial and high-end residential sale transactions;
• Permitting, zoning and other land use regulations;
• Leasing, including negotiation of tenant improvements;
• Financing and lending issues;  
• Chapter 8 sales;
• Review and drafting of title and lending documents.

Real Estate Litigation

Litigation concerning real estate can tie up property for years.  We efficiently and effectively resolve real estate-related disputes to allow our clients to move forward with their plans to achieve success.  Members of our Real Estate Practice Group have handled virtually all types of real estate litigation, including the following:

• Adverse Possession:  Prosecution and defense of claims pertaining to the adverse possession of land.
• Condemnation/Eminent Domain:  Representation of property owners who have had their property taken by eminent domain both with respect to “right to take” challenges and with obtaining fair market value for property that is taken.
• Easements:  Matters involving express and prescriptive easements, including cases pertaining to whether an easement exists and where it is located.
• Fraudulent Conveyances: Claims for creditors under the Uniform Fraudulent Transfer Act pertaining to transfers made with the intent to defraud such creditors.
• Homeowners’ Association (HOA) Disputes: Disputes between homeowners and homeowners’ associations.
• Landlord/Tenant Issues: Representation of landlords and tenants in a wide variety of litigation matters pertaining to purported breaches of commercial lease agreements.
• Mechanic’s Liens: Defense and prosecution of mechanics’ liens, construction bonds and stop notices.
• Neighbor Disputes:  Handling of nuisance, property use and lot line issues.
• Partnership Disputes:  Disputes pertaining to the purchase and/or operation of real and commercial property, including actions involving forced sales and breach of fiduciary claims.
• Real Property Disputes:  Nondisclosure and fraud relating to the sale of real property
• Regulation And Zoning:  Litigation including complex research, analysis and brief writing covering cutting edge land use regulation and zoning issues.   
• Title Issues:  Representation of lenders and property owners in litigation pertaining to title insurance coverage, lien priorities, and clearing title, including quiet title actions.
• Unlawful Detainer:  Representation of landlords, tenants, and subtenants in unlawful detainer matters.

Construction Counseling & Litigation

Our attorneys have handled a broad variety of public and private construction disputes, including the following:

• Complex cases involving construction of airports, flood control systems, pipelines, electricity plants, geothermal plants, schools, bridges, street improvements, commercial and high-rise structures, subways and tunnels. 
• Projects such as housing tracts, individual residences and all the ancillary disputes that come with construction projects such as collection matters and wage issues. 
• Reviewing and negotiating construction contracts, resolving delay, impact and change order claims, bid protests, mechanic’s liens and stop notice issues, subcontractor substitutions, contractor license issues, termination for default or convenience issues, and bond and surety issues.