Real Estate Litigation

Real estate can achieve many goals: revenue generation, job creation, community building, a tax or risk mitigation tool, a sign of success…

Unfortunately, it can also lead to a significant source of headaches and legal complexity when the unexpected occurs or differing interests collide. Members of Wolf Wallenstein’s Real Estate Litigation practice seek straightforward remedies when such issues emerge, providing strategic counsel and advocacy at all stages – and in all disputes – surrounding the purchase, sale, development, ownership and operation of real estate assets and associated business entities. We have achieved favorable results on behalf of property management companies, developers, contractors, investors, varied businesses and individuals in high-stakes cases in federal and state courts, as well as in arbitration and mediation. Wolf Wallenstein litigators also have a unique and long-standing emphasis in railroad and other right-of-way real estate matters including utility licensing and relocation, title disputes, eminent domain and inverse condemnation, corridor valuation, easement and other encroachment disputes, and federal preemption cases. More broadly, our litigators have successfully pursued and defended against claims in a wide array of real property, land use and zoning, eminent domain, landlord/tenant and construction matters, including:
  • Acquisition and disposition issues
  • Property valuation
  • Title
  • Deeds and easements
  • Property boundaries
  • Noise and nuisance incidents
  • Specific performance
  • Homeowner associations and covenants, conditions, and restrictions (CC&R) governing documents
  • Insurance including earth movement (landslide) coverage
  • Eminent domain and inverse condemnation
  • Landlord/tenant lawsuits including breach of lease and retaliatory eviction cases
  • Mechanics’ lien rights
  • Contractor problems
  • Construction defects
  • Americans with Disabilities Act (ADA) matters
In addition, Wolf Wallenstein litigators and their clients have prevailed in numerous real estate-related business and commercial litigation matters, such as:
  • Partnership and shareholder disputes
  • Contractual disputes including bad faith breach of contract
  • Fraud and fraudulent conveyance
  • Lender liability
  • Professional liability
  • Breach of fiduciary duty

Our attorneys have experience in negotiating, litigating and settling real estate disputes including purchase and sale, specific performance, property boundaries, noise and nuisance, title, homeowner association and CC&R issues, earth movement (landslide), diminution in value, breach of leases and other landlord/tenant matters including retaliatory eviction, partnership and shareholder disputes, contractual disputes, contractor problems, mechanics liens and construction defects, bad faith breach of contract (covenant of good faith and fair dealing), fraud, fraudulent conveyance, lender liability and breach of fiduciary duty.

Our experienced attorneys can help with all your documentation, including:

Purchase and Sales Transactions

Limited Partnership Agreements

Partnership Joint Venture Agreements

Limited Liability Company Operating Agreements

Co-Ownership Agreements

Loan Documents and Lender Opinion Letters

Deeds and Easements



Mechanics’ Lien Rights

Construction Contract

Estoppel, Subordination and Non-Disturbance

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