Real Estate Litigation

Taft’s Real Estate Litigation attorneys have substantial experience resolving disagreements relating to real estate development, use and transfers. We work side-by-side with our real estate transaction attorneys to fully address and resolve disputes that arise.

In today’s regulated environment, real estate development begins with securing a wide variety of governmental approvals. Our real estate litigators have substantial experience successfully addressing issues relating to zoning approval and environmental permitting. Our attorneys have often represented developers and businesses that wish to use or expand their operations for activities that consequently have attracted opposition from neighbors or competitors. We know how to positively advocate for the rights of land owners and to creatively respond to and overcome initial governmental opposition to our clients’ proposed changes in land use.

Highly experienced in the areas of eminent domain and condemnation, we have represented both condemnors and property owners concerning numerous different types of property uses. Our attorneys are versed in the relevant issues related to takings, inverse condemnation, valuation and relocation. We are experienced in negotiation, condemnation commission hearings, trials, and practice before Administrative Law Judges to argue both the theory and practice of eminent domain before appellate courts.

Our real estate lawyers also work closely with lawyers in Taft’s Property Tax Litigation and Appeals group on real property taxation and assessment issues.

Governmental regulation of land use also extends deep into the issues surrounding environmental contamination and cleanup. Attorneys have represented numerous property owners in resolving disputes and claims concerning the appropriate determination of responsible party liability, the necessary extent of cleanup, and the effects of contamination on real estate valuation.

We have represented numerous owners of real property and commercial tenants to resolve disputes relating to such issues as breach of lease terms, interpretation of reciprocal easement agreements, constructive eviction, anticipatory breach of a lease agreement, and specific performance and rights of first refusal for the purchase of real estate.

Real estate title issues can be complex and confusing. We have substantial experience in resolving complex issues that can seem both indecipherable and boring. We are committed to resolving title and conveyancing issues in appropriate and cost-effective ways.

We know and appreciate that many real estate owners consider real estate litigation as one of the most negative consequences sometimes associated with real estate use and development. Our attorneys use a wide range of alternative dispute resolution (ADR) procedures to resolve real estate disputes without trial. Many of our attorneys have served as arbitrators and mediators and have successfully resolved numerous real estate disputes arising from many different scenarios.