Real Estate Litigation Lawyer Helping Residents in Rhode Island, Massachusetts and Connecticut
When people are asked about their most valuable assets, they will more than likely tell you that the real estate they own tops their list of significant investments. As a result, real estate often involves high financial stakes for all of the parties involved. Our real estate attorneys at PALUMBO LAW often find themselves involved in varied, complex real estate litigation matters involving both residential and commercial properties.
PALUMBO LAW provides comprehensive real estate litigation representation in Rhode Island, Massachusetts, and Connecticut. Whether your property involves millions of dollars at stake or property in the thousands, we can effectively represent you in an array of real estate-related disputes and litigation. Some of our clients retain us for specific duties or to handle an unexpected legal matter that needs quick resolution. Others work with us over the long term, from the initial planning stage of a real estate matter to the conclusion of the transaction.
What Is Real Estate Litigation?
Real estate litigation encompasses a wide range of disputes related to property and property rights. You may have heard of some of the noteworthy cases out of New England. One such example is the case of Kelo v. City of New England (2005). This case arose in Connecticut and revolved around the issue of eminent domain. Susette Kelo and other homeowners sued the city of New London after the city used its eminent domain power to take their properties for economic development. The case went all the way up to the U.S. Supreme Court, which ruled in favor of the city. This controversial decision confirmed that economic development could be considered a form of public use under the Fifth Amendment, which allows governments to take private property for public use with just compensation.
Many real estate litigation cases in New England do not go to the Supreme Court but are significant within their respective states. These can range from boundary disputes to historical property rights, land conservation, coastal property rights, and more. For example, disputes around development in ecologically sensitive areas, or cases that revolve around the balance between preserving historical sites and new development, are not uncommon.
Real Estate Litigation Matters We Handle
Our experienced Real Estate Litigation lawyers can represent you with respect to the following matters:
- Breach of Contract: Disputes arising from a party not honoring the terms of a real estate purchase agreement or other contracts related to property.
- Boundary Line and Title Disputes: This can involve disagreements over property lines, easements, or the rights associated with a title to property.
- Landlord-Tenant Disputes and Evictions: Conflicts between landlords and tenants over issues like rent, lease terms, property conditions, and evictions.
- Fire Loss Litigation, Mold Litigation, and Water Damage Litigation: Issues related to damages to real estate property that insurance companies claim is beyond the scope of their coverage.
- Zoning and Land Use: Disputes over how a property can be used, often involving local government ordinances and zoning laws.
- Construction Defects: Issues related to the quality of construction on a property or allegations that building standards were not met.
- Eminent Domain: Situations where a government entity takes private property for public use. This often involves disputes over fair compensation.
- Environmental Issues: Disputes arising from contamination, environmental regulations, or other environmental concerns that affect property value or usage.
- Foreclosures: Situations where a bank or lender is trying to reclaim a property due to unpaid debts, and the associated legal processes and defenses.
- Fraud and Misrepresentation: Claims related to false or misleading statements during the sale or purchase of a property.
- Homeowners Association (HOA) and Condominium Disputes: Conflicts between property owners and their HOAs or condominium boards over rules, regulations, and fees.
- Partition Actions: When co-owners of a property cannot agree on its use, maintenance, or disposition, and a court is asked to divide the property or order its sale.
- Trespass and Nuisance: Claims related to unauthorized entry or use of a property or situations where a property’s use substantially interferes with a neighbor’s enjoyment of their property.
- Mechanic’s Liens: Disputes related to claims against a property for unpaid debts or obligations, such as mechanic’s liens or tax liens.
- Adverse Possession: Situations where an individual claims ownership of a property due to prolonged occupancy or use without the permission of the legal owner.
- Quiet Title Actions: Legal actions intended to establish or settle someone’s title to a piece of property, especially when there’s some ambiguity or dispute over ownership.
- Probate Litigation, Trust Litigation, and Elder Abuse Litigation: There might be estate matters where real estate is involved and contested as part of the claims of individual beneficiaries of an estate.
These topics represent just a sampling of potential issues in real estate litigation. The specific nature of any dispute can vary widely based on local laws, contractual terms, and the individual circumstances surrounding the property or parties involved.
How PALUMBO LAW Can Help
If you are a buyer, seller, land developer, condominium association, or anyone who is involved in a real estate dispute or would like to take precautions to avoid conflict, our real estate litigation lawyers can work with you to ensure your money and property rights are adequately protected against adverse parties and claims. Whether we are able to settle a claim or need to advance to litigation, we will provide you with skilled advice every step of the way.
As you can see, It is not uncommon for individuals or businesses to find themselves involved in a legal dispute with another party over real estate. For plaintiffs involved in a civil real estate litigation matter, the objective is to right a wrong, honor an agreement, or obtain compensation for an injury. On the other hand, defendants in a civil real estate litigation matter want to aggressively protect their rights in opposing the plaintiff’s claim.
