At the Law Offices of William M. Kolb, LLC, we know that commercial real estate property disputes take time and energy away from what should be your central focus. This content will help you understand the reasons for such disputes and how Bill Kolb, a prominent Providence real estate attorney for more than 30 years, can help you resolve them through adept negotiations or skillful litigation.
Bill has comprehensive knowledge of Rhode Island real estate law and an impressive track record of negotiated and litigated success. Contact him today for trustworthy advice and excellent legal representation.
Common Types of Commercial Property Disputes
Most commercial property disputes are generated by one of the following issues:
- Eminent domain
- Title
- Boundaries
- Leases
- Fraud
Let’s take a look at what may cause each type of dispute to arise.
Eminent Domain
Eminent domain refers to the power of the government to take ownership of private property for public use, provided that appropriate compensation is given to the property owner. In Rhode Island, this power is governed by both federal and state law, including the Rhode Island Constitution, which protects property owners from unfair seizure.
Under Rhode Island law, the state or local government can exercise eminent domain for public projects such as highways, schools, or utilities. Importantly, the law requires that affected property owners receive “just compensation,” typically the fair market value of the property at the time it is taken.
The eminent domain process involves:
- Notice of intent from the government agency to the property owner
- Independent appraisal to determine the fair market value of the property.
- Negotiations between the agency and property owner to determine appropriate compensation
- Condemnation proceedings if negotiations fail
Although the government has the right to take possession of property needed for public use, there are situations in which eminent domain demands can be legally challenged, for example, on the grounds that the public is not really being served or that the compensation being offered is inadequate. In order to successfully challenge an eminent domain claim, it is essential to have an accomplished lawyer like Bill Kolb at your side.
Title Disputes
Title disputes are conflicts regarding the ownership of a property. These disputes often arise from issues such as conflicting deeds, missing heirs, or errors in public records. In Rhode Island, title disputes can be addressed through title searches and/or quiet title actions.
A Title Search is a due diligence process to uncover any issues or claims on the property before a transaction. A title search includes reviewing public records such as deeds, mortgages, liens, and court judgments related to the property to find any potential claims that could affect property ownership.
A Quiet Title Action, on the other hand, is a lawsuit in which the court makes a decision that resolves any title disputes and confirms clear ownership of the property. In short, a title search is performed routinely before any real estate transaction, whereas a quiet title search occurs only if there is a serious question of legitimate ownership.
Boundary Disputes
Boundary disputes involve disagreements over the location of property lines. Such disputes can arise due to inaccurate surveys, encroachments, or conflicting deeds.
How Boundary Disputes Are Resolved
While some boundary disputes can be settled with neighborly discussion and compromise, others require legal intervention. Accurate mapping by a professional surveyor is crucial in resolving boundary disputes, but if a boundary dispute becomes unmanageable even after a survey, it’s time to contact the Law Offices of William M. Kolb.
Bill will assist you in setting up a mediation in which, hopefully, your boundary dispute can be resolved amicably through negotiations guided by an impartial third party. If the conflict remains and litigation becomes necessary, Bill Kolb will provide you with the strong, effective advocacy you need to win your case.
Real Estate Fraud
Real estate fraud covers various deceptive practices, including:
Fraudulent conveyance in which the transfer (conveyance) of ownership takes place for the express purpose of putting the property beyond the reach of a known creditor.
False advertising, which consists of out-and-out lies or serious omissions (e.g. an undivulged crack in a structure’s foundation or an unmentioned infestation), may also include:
- Misleading photos
- Inaccurate descriptions of neighborhood or property
- Deceptive pricing (e.g. “bait and switch” tactics)
- False claims about property size
- False claims about the value of the property
- False reportage of local zoning laws
Forgery, in which documents with forged signatures are presented as evidence of ownership or of procedures or repairs performed (e.g. roofing, termite inspection).
Breach of Contract
Breach of contract frequently arises when contractors fail to live up to their commitment to complete construction of a commercial building or to finish an agreed-upon installation (e.g. of electrical wiring) in time for the new business to move in and open on time.
How Bill Kolb Helps Clients Involved in Commercial Real Estate Disputes
Bill Kolb offers a comprehensive range of services to clients facing commercial real estate disputes. His approach is tailored to address the specific needs of each case, ensuring thorough and effective resolution strategies. His key services include:
- Meticulously drafting and reviewing all real estate documents
- Arranging for title searches
- Researching local zoning laws, arranging for variances if necessary
- Making sure of compliance with environmental and safety laws
- Engaging in spirited negotiations with opposing parties if there is a conflict
- Arranging for Alternative Dispute Resolution (ADR) to facilitate compromise
- Fighting vigorously to protect your rights through tough litigation
It’s worth noting that, in some cases, Bill Kolb may be able to have a contract rescinded by the court. Rescission means that an unjust transaction in which you have been taken advantage of will be effectively canceled, as if it never took place.
Contact Our Experienced Real Estate Attorney Today
If you find yourself trapped in the stress of a commercial real estate dispute in Providence, now is the time to get in touch with the Law Offices of William M. Kolb. We are well-prepared to take all the necessary steps to resolve the issues that are keeping you preoccupied and off your game. Contact Bill Kolb now to feel not only the relief, but the empowerment, of partnering with a talented legal professional.