Property disputes are one of the unfortunate consequences of owning commercial or residential property. Disputes can involve purchase and sales agreements, land ownership, title issues, boundaries, mortgages, and many other disruptive and unsettling issues. Our property dispute lawyers help clients understand and resolve property issues, and restore peace-of-mind in their property ownership. They’re knowledgeable, responsive, and client-centered.
Pelletier Marshall & Clark can assist with many issues and disputes that arise during any phase of a real estate venture, project, or property ownership. Below are descriptions of several common forms of property disputes, including:
- Adverse Possession Claims
- Property Line and Boundary Disputes
- Easement and Access Disputes
- Partition Actions
- Purchase and Sale Litigation
- Condominium Disputes
- Landlord / Tenant Disputes
Please do not hesitate to ask one of our real estate litigation attorneys for assistance should you be experiencing any one of these circumstances.
Adverse Possession Claims
Have you openly used a piece of property as your own? Adverse possession involves the open use of another’s property such that one can gain title to that property. If you have been exercising control and openly using a piece of property for a specific period of time, our adverse possession attorneys can evaluate your claim, and advise you of your rights. Additionally, if you’ve discovered another person or business has been using your property without your permission, it is imperative that you meet with our property dispute attorneys to protect your interests.
Property Line and Boundary Disputes
Do you know where your property line is located? Is your neighbor using a portion of your property as if it is their own? Property line disputes are common in Rhode Island and Massachusetts. Abutting neighbors may, over time, become accustomed to treating a portion of their neighbor’s property as their own. Unfortunately, if this goes on for too long, issues of actual ownership may arise such that a property owner could lose that portion of his or her land. Our attorneys can help protect your property from encroaching neighbors and can ensure your property rights are unencumbered.
Easement and Access Disputes
Do you have to cross a neighbor’s property to get to your own? Is your property landlocked, or without street access? Proper access to property directly affects its value. Our attorneys can help you navigate the involved world of easements and access rights and can help resolve access issues to your property.
Occasionally, property disputes are substantial enough that joint ownership is no longer a viable option for landowners. In many instances, joint ownership of one piece of property prevents a party from acquiring additional property. Also, joint ownership of property can negatively affect a joint owners’ credit rating. Our attorneys are seasoned in actions to force the sale of jointly owned property – also known as a partition action. Examples of the necessity of a partition action include:
- The separation of co-owners of property formerly living together in the property
- Disputes involving the best use of the property
- Jointly owned commercial property
Purchase and Sale Litigation
Contracting to purchase a home involves many contingencies, most of them built into a contract such as a purchase and sales agreement. When issues arise as to contractual obligations, the conveyance of clear title, or breaches of the sales contract, our attorneys are well-established in resolving disputes such as the following:
- Issues involving the drafting and execution of a purchase and sales agreement
- Residential and commercial transaction disputes
- Rescission or misrepresentation by the buyer or seller
- Title or survey issues
- Compliance with zoning ordinances and state and local regulations
- Issues with a mortgage lender
- Broker compensation disputes
- Disagreements involving new home construction and implied or express warranties
Condominium ownership and the successful management of condominium properties bring their own set of challenges. Our attorneys are fully versed in condominium law and the rights and obligation of both the condominium owner and the condominium association. Common condominium disputes that our attorneys resolve include:
- Enforcement of condominium by-laws and declarations
- Issues involving condominium assessments and applications of liens
- Unfair and/or disparate enforcement of condominium rules, regulations, and by-laws
- Rights and obligations of condominium owners
- Rights and obligations of condominium associations
Landlord / Tenant Disputes
Owning real estate investment property presents a unique set of challenges for landlords. Whether commercial or residential property, landlord/tenant laws are complex, strict, and require acute knowledge and representation. Our attorneys handle disputes such as the following:
- Commercial and residential evictions
- Disputes involving commercial or residential leases
- Disputes regarding rights and obligations of both landlords and tenants