Landowners and others involved with real estate sometimes end up in legal disputes that concern the use of the property, their interests in it, or a transaction related to it. These disagreements must often be resolved in court. Regardless of why the parties are in litigation, they will need exceptional legal counsel to advocate for their rights. Attorney William M. Kolb represents buyers, sellers, and other parties who have either decided to take their dispute to court or need to defend themselves against a lawsuit. We leverage our extensive experience and ability to craft creative solutions to effectively resolve your matter.
Real Estate Clients We Represent
Our real estate attorney has served the legal needs of a variety of clients involved in litigation, including:
- Landowners
- Buyers
- Sellers
- Landlords
- Tenants
- Developers
- Contractors
- Condominium associations
- Homeowners associations
- Lienholders
Whether you are the plaintiff or the defendant in a lawsuit, we are ready to get to work counseling and representing you from the beginning to the end of your case.
Types of Real Estate Litigation Matters We Handle
Some of the specific types of cases that we deal with include:
- Adverse possession: These are cases in which someone claims ownership of a property due to extended occupancy or because they continually used the property without its owner’s permission. A lawsuit may be necessary to settle who owns it.
- Breach of contract: Contracts form the basis of real estate deals and obligate both parties to perform certain duties while spelling out their respective rights. When a party is in default or breach of the contract, the other party may initiate legal action to enforce its terms.
- Construction problems: Poor workmanship doesn’t just decrease the value or property, it can be dangerous. When low-quality construction materials are used or building standards are violated, lawsuits often follow.
- Eminent domain: These cases involve the government taking private property for public use and compensating the owner. Many landowners either resist the government’s seizure or demand more compensation for losing their property.
- Environmental concerns: If an owner is negligent in how they use their land, they could contaminate neighboring properties. Developers and construction companies, meanwhile, must abide by strict environmental regulations during their projects.
- Foreclosures: Banks and lenders may try to reclaim a property due to an unpaid mortgage or other debt. On the other hand, property owners have legal recourse, defenses, and due process rights during the foreclosure.
- Homeowners association (HOA) and condominium association disputes: HOAs and condo associations are often at odds with property owners over rules, regulations, and fees. Our firm represents property owners and associations.
- Landlord-tenant issues: Matters like unpaid rent, the terms of the lease, and evictions form the basis of many residential and commercial landlord-tenant disputes. Special rules apply in these cases and we can represent you no matter if you are the landlord or the tenant.
- Liens: Creditors, including contractors and taxing authorities, may impose liens on a property to force payment. However, the owner of the land has the right to contest these liens and try to have them removed.
- Misrepresentation and fraud: Buyers count on sellers to honestly represent the quality of the property and to fully disclose hazards and legal issues like liens. Misrepresentation and fraud form the basis of many real estate lawsuits.
- Nuisance and trespass: Owners who allow nuisances, including loud noises and noxious odors, to come from their land may affect their neighbors’ property values. Trespass, meanwhile, concerns the unauthorized entry or use of property and may trigger legal action.
- Partitions: Partitioning may be necessary if co-owners cannot agree on how to use, maintain, or dispose of the property. In some cases, courts step in to divide the property or order that it be sold.
- Property loss: Fire, water, and mold can devalue and destroy property, significantly depressing its value and ability to sell it. Insurers often refuse to cover claims related to these events while some property owners try to misrepresent damage in real estate deals.
- Quiet title actions: These are lawsuits intended to settle or establish who actually owns the land. They are common in situations involving ambiguous or disputed titles.
- Title and boundary disputes: A third party may contest the validity of a title or there may be other questions about who really owns the property. A related issue concerns disagreements over where the boundary is between two parcels.
- Zoning and land use: Landowners and developers must often deal with disagreeable governing bodies or community opposition to their projects, sometimes ending in litigation. Your ability to use the land as you see fit may hang in the balance.
Why Choose The Law Offices of William M. Kolb
Our firm has developed a reputation for results-driven legal representation that meets the needs of clients in a variety of real estate litigation cases. We know that experience matters to you, which is why our firm brings a unique level of it to bear. Besides his many years in private practice, attorney William M. Kolb previously served as a Special Assistant Attorney General. In this capacity, he represented the Rhode Island Attorney General on the State Properties Committee and reviewed all real estate transactions involving the state.
Where possible, William also takes steps to seek an early but beneficial end to the lawsuit through alternative dispute resolution (ADR). ADR encompasses a variety of out-of-court settlement strategies including mediation, arbitration, and negotiation. This approach allows the parties to save money, avoid the time and resources spent preparing for trial, and come up with creative solutions to their lawsuits.
Contact Our Providence, RI Real Estate Litigation Attorney
We know that the outcome of your lawsuit will affect your interest in the property and perhaps your personal and financial life for years to come. That’s why we take our clients’ cases seriously by immediately going to work and seeking the best resolution possible. Find out more about how our firm can serve you. Call the Law Offices of William M. Kolb today.