Real Estate Litigation
Mason Law Firm has represented many clients in real estate litigation.
Real estate litigation includes the claims of heirs to ownership of “heirs property,” title disputes, the correction of title defects, will contests, disputes between persons engaged in real estate partnerships, joint ventures, or other co-ownership arrangements, partition actions, actions to clear or quiet title to real property, actions for breach of contracts to buy and sell real estate, real estate commission disputes, actions against real property developers, surveyors, appraisers, title insurance companies and others involved in the real estate process. This area of law also encompasses the representation of property owners in eminent domain (condemnation) proceedings.
Mason Law Firm successfully represented the heirs of Seabrook Island’s original owner in their claims against the owners of Kiawah Island regarding 50 oceanfront acres at Captain Sam’s Inlet.
What is real estate litigation?
- Eminent domain or condemnation proceedings where the state or local government takes real property for road or other public projects and is required to pay the owner just compensation. Often the government offers private property owners far less than their real estate is actually worth thereby necessitating a lawsuit.
- Cases against title insurance companies where real estate has mortgages, judgments or liens that should have been paid off in connection with a real estate closing, or where title defects exist that impair the use or value of real property.
- Breach of contracts or agreements to buy or sell real estate.
- Permit hearings where a state or federal agency has denied, revoked or suspended a permit relating to real property.
- Partnership disputes such as where co-owners of real estate get into a dispute over ownership, monetary contributions or other issues.
- Heirs claims to title where persons have died and the title to a parcel of real estate is not clear and is in question.
- Environmental damage to property caused by toxic chemicals such as petroleum products, asbestos or the like. Mason Law Firm is presently handling a major case in Colorado against an international oil and gas company that polluted a hunting ranch with toxic chemicals.
- Flooding cases such as where a utility, municipality or neighboring property owner causes adjacent property to flood.
- Construction lawsuits where a contractor or subcontractor or developer has constructed a project in a manner that does not comply with building codes or is otherwise defective.
- Development rights involving zoning, annexation or subdivision approvals that are being sought and require hearings.
- Access easements to property which is otherwise landlocked or which are in question.
- Enforcement of covenants and restrictions contained in deeds and subdivision documents.
- Commercial lease disputes where a building owner or tenant is in a dispute, including such matters as options and rights of first refusal contained in commercial lease agreements.
- Injuries on property arising from defective or dangerous conditions on property.
- Nuisance claims involving pollution, noise, foul odors and other offensive conditions affecting the use or enjoyment of real estate.
If you have a real estate related dispute, call the experienced real estate litigation attorneys at Mason Law Firm for a free consultation.