Real Property Cases

NEIGHBOR DISPUTE Claim for view restoration filed after one neighbor planted trees and erected structure impacting pre-existing view from neighboring property. Claim alleged violations of local ordinance, homeowners’ association rules, and nuisance.

LANDLORD/TENANT action in which Tenant claimed that Landlord breached statutory obligations and caused CONSTRUCTIVE EVICTION of Tenant by failing to provide heat to premises and renting an untenantable and unpermitted room. Tenant also claimed emotional distress and general damages for anxiety and discomfort.

NEIGHBOR DISPUTE involving owners of adjacent vineyard properties. Properties shared a common roadway providing access to their property and crops. A prior verbal agreement for shared use of the roadway was not reduced to writing, and one owner claimed to have rescinded the resulting license due to breach of the agreement’s terms. Plaintiff sued to establish either a PRESCRIPTIVE EASMENT or an IRREVOCABLE LICENSE to use the roadway. Plaintiff also sued for damages for improvements made on the roadway which defendant refused to help fund.

AGENT BREACH OF FIDUCIARY DUTY claimed by clients when complicated multiple sales/purchase contingency transactions failed to close. Clients alleged that agent who acted as DUAL AGENT in one of the transactions, favored interests of other party over theirs. Clients claimed damages in securing a substitute property and in being without a place to live in the interim.

Action for PARTITION of residential real property brought by one TENANT IN COMMON against the other. New tenant in common was not the tenant in possession and acquired its one -half interest from the brother of the co-tenant who was in possession. The issues included CREDITS for overpayment of proportionate share of monies spent for the common benefit of the property; liability for MORTGAGE PAYMENTS; and whether an OUSTER existed entitling one co-tenant to damages. Attorneys’ fees and other costs were also disputed.

Neighbor TREE DISPUTE case in which competing interests of VIEW RESTORATION and privacy / enjoyment of property were mediated. Discussion and evaluation were governed by a local ordinance addressing Tree Dispute Resolution. Plan of action was agreed upon by the parties.

SLIP AND FALL on water in a basketball court from a leak in the roof. Property owner claimed comparative fault against plaintiff, who removed the caution sign and should have known of the leak. Defendant also claimed that a subsequent re-injury was unrelated to the original incident, and was not defendant's responsibility.

Buyer of vacant plot of land sued seller’s agent for failure to alert buyer of discrepancy in BOUNDARY LOT LINES based on undisclosed SURVEY. Buyer claimed that lot was smaller than represented, and that difference in lot size made planned construction more costly and difficult.

Breach of COMMERCIAL LEASE claim by lessor and former business partner of lessee for unpaid rent. Lessor alleged that the lease had been extended by a clause in a separate sales agreement of the business, whereas lessee claimed that no EXTENSION existed and that the tenancy was converted to “month to month” with a 30-day notice provision. Issues were also raised about rent obligations for commercial tenants in the current PANDEMIC RELATED rental environment.

Settled contentious NEIGHBOR DISPUTE involving issues of CONSTRUCTION on one property adversely affecting structural integrity of neighboring apartment building. The parties’ long- standing dispute revolved around both liability for the alleged damages, as well as the recoverability of CONSEQUENTIAL DAMAGES that plaintiff attributed to neighbor’s property.

NEIGHBOR DISPUTE between property owners involving issues of unpermitted structures and alleged damage to neighboring property. Dispute was a highly emotional and contentious one between sophisticated landowners.

Action by former TENANT against owner of property for breach of HABITABILITY and to recover rent paid for UNPERMITTED conversion unit. Issues related to whether tenant misused the property, causing habitability claims, and to whether tenant was constructively evicted, and if so, what the proper measure of damages should be.

Action to determine RIGHT TO COMMISSION on sale of residential real estate. Seller disputed that agent and broker were entitled to commission, alleging BREACH OF FIDUCIARY DUTIES and failure to follow seller’s instructions. Agent/brokerage company claimed it was entitled to full commission earned on sale of property. Dispute settled prior to litigation being filed.

REAL ESTATE BREACH OF LEASE action by landlord against former tenant, in which allegations of CONSTRUCTIVE EVICTION and BREACH OF IMPLIED WARRANTY OF HABITABILITY were litigated. Case also addressed propriety of withholding of security deposit, and applicable statutory penalties.

REAL PROPERTY DISPUTE between landlord and former commercial tenant for claim of DAMAGE TO TENANT’S PERSONAL PROPERTY resulting from leak in HVAC unit not contained within tenant's rented space. Owner sought affirmative relief for unpaid rental amounts owing under lease agreement.

REAL PROPERTY DISPUTE by former property owner against HOA alleging that defective condition of property resulted in a diminution of value and the loss of rental income for townhouse owner.

REAL ESTATE DISPUTE between landlord and former commercial tenant for claim of DAMAGE TO TENANT’S PERSONAL PROPERTY resulting from leak in HVAC unit not contained within tenant's rented space. Owner sought affirmative relief for unpaid rental amounts owing under lease agreement.

REAL ESTATE BREACH OF LEASE action by landlord against former tenant, in which allegations of CONSTRUCTIVE EVICTION AND BREACH OF IMPLIED WARRANTY OF HABITABILITY were litigated. Case also addressed propriety of withholding of security deposit, and applicable statutory penalties.

BREACH OF CONTRACT for HOME REMODEL wherein contractor sued to recover for unpaid amounts, and homeowner counterclaimed for failure to perform under the contract, and for consequential damages. Homeowner also claimed that contractor failed to obtain signed change orders to document claim for additional funds for additional work.

REAL ESTATE PARTITION action brought by one co-owner of property against other co-owner. Parties had been in romantic relationship and lived in home which was held in JOINT TENANCY. When one moved out, problems arose regarding responsibility for mortgage, taxes and other expenses. Action sought to establish respective amounts of UNEQUAL CONTRIBUTIONS made by each party, to be recouped from proceeds of expected sale. Parties were highly emotional and action was very CONTENTIOUS, with significant mistrust between parties and counsel. Settled with detailed terms regarding SALE AND ACCOUNTING OF PROCEEDS.

Settled contentious NEIGHBOR DISPUTE involving claims of TRESPASS, NUISANCE, ASSAULT AND BATTERY, PROPERTY DAMAGE, and allegations of violations of the RALPH ACT, by both parties against each other. The litigants were particularly entrenched in their positions, and the five year dispute contained many complex and emotional layers.

Settled CONSTRUCTION BREACH OF CONTRACT case resulting from large remodeling project of historic inn. Issues involved impact of CHANGE ORDERS and CONSTRUCTION DELAYS.

Settled case brought by family of decedent against CEMETERY OWNER for BREACH OF CONTRACT and emotional distress damages, when cemetery mistakenly buried another decedent in the gravesite previously selected and purchased by the plaintiffs. CULTURAL AWARENESS and Feng Shui issues weighed heavily in the negotiated resolution.

Settled LANDLORD/TENANT DISPUTE in which tenant sued for BREACH OF WARRANTY OF HABITABILITY and retaliatory eviction. Plaintiff’s damage claim included a computation of loss of income for day care business on property, as well as statutory penalties for RETALIATORY EVICTION. Plaintiff also claimed emotional distress and harassment by landlord.

Mediated pre-litigation REAL ESTATE NON DISCLOSURE matter brought by buyers after discovery of WATER INTRUSION damage and MOLD. Buyers claimed that Sellers failed to disclose alleged defects before sale, resulting in significant repair and construction costs.

Settled multiple actions by buyer and seller against REALTOR for FRAUD and BREACH OF FIDUCIARY DUTY in dual party representation. Issues mediated included allegations of concealment of material facts, and DISGORGEMENT OF COMMISSIONS paid to realtor.

Settled action to SET ASIDE SALE of real property brought by highly emotional widow who challenged the validity of sales agreement based on alleged LACK OF CONSENT. Buyers countered with claim that sale was valid and should be recognized as binding.

Settled CONSTRUCTION DEFECT litigation involving significant remodel to plaintiff’s home and claims of multiple defects by subcontractors. Case also involved claim for personal injury resulting from homeowner’s fall. Issues involved INSURANCE COVERAGE, sub contractor’s liability and claims of comparative fault.

Settled NEIGHBOR DISPUTE involving issues of property lines, ownership of and alleged damage to TREES, and responsibility for damage to adjacent property.

Mediated pre-litigation claim for DOG BITE sustained by NEIGHBOR against dog owner. Related issues involved claims of abusive conduct and CIVIL ASSAULT.