The Law Offices of William M. Kolb, LLC in Providence has been an outstanding example of fine legal representation and profound integrity for more than three decades. One of the primary practice areas of our lead attorney, Bill Kolb, is real estate litigation. In addition to his comprehensive knowledge of Rhode Island law, he has an intuitive understanding of real estate client needs and the well-honed skills to meet them.
Whether you’re dealing with issues of eminent domain, boundary disputes, allegations of fraud, or any other real estate conflict, our firm is dedicated to providing you with the highest level of legal advocacy and guidance. The following content will explain in detail several common reasons for real estate disputes and how they can be effectively addressed.
Eminent Domain
Eminent domain is the power of the government to take private property for public use, provided that just compensation is paid to the property owner. This complex area of law involves several key considerations:
Legal Framework
The Rhode Island Constitution and relevant state laws require that the property taken in eminent domain must be for a public purpose and that fair market value compensation must be provided to the previous owner.
Compensation Claims
“Fair market value” of the property includes consideration for any damages to remaining property and any consequential losses. In some cases, owners may also claim relocation expenses and costs associated with loss of business or income.
Dispute Resolution
If you believe that the compensation offered by the state is insufficient or that the state has not met the requisite legal requirements, you have the right to challenge the eminent domain action. Bill Kolb is well-equipped to assist you in negotiating a fair settlement or, if necessary, pursuing litigation.
Boundary Disputes
Land ownership and boundaries are often the cause of real estate disputes between neighbors or between property owners and municipalities. These disputes can be highly contentious and require careful legal intervention to be resolved.
Boundary disputes typically involve disagreements over the precise location of property lines. These disputes may arise due to inaccurate surveys, historical property descriptions, or encroachments. Resolving such disputes typically involves a survey analysis, property descriptions, and a review of historical deeds.
If negotiations fail, you may have to file a lawsuit to resolve the dispute and obtain a court order defining the property boundaries. In some cases, one party may claim ownership of land through “adverse possession,” meaning they have occupied the property openly, continuously, and exclusively for a statutory period of time. In Rhode Island, that period must be at least 10 years for such a claim to be considered by the court.
Zoning Disputes
Zoning disputes in Rhode Island often arise when property owners or developers face challenges with local zoning ordinances or decisions made by zoning boards. These disputes may involve:
- Denial of permits for new construction
- Disagreements over land use,
- Conflicts regarding variances and special exceptions
Disputes typically require interactions with local zoning boards and possible appeals through the court system. Bill Kolb has the ability to address Rhode Island’s zoning regulations forcefully for fair outcomes.
Allegations of Real Estate Fraud
Real estate fraud is a serious business with significant legal and financial implications.
Fraud in real estate transactions involves false representations or deceitful practices, such as:
- Misrepresentation of property condition
- Non disclosure of defects
- Forged or otherwise fraudulent documents
If you have been a victim of real estate fraud, you may seek damages for any financial losses incurred due to the fraudulent actions. Bill Kolb knows precisely how to prove fraudulent representation or, conversely, how to persuade the court that an accusation of fraud is incorrect.
Breach of Contract
Breach of contract occurs when one party fails to fulfill its legal obligations. Common issues include failure to close on a real estate transaction or failure to take a particular action, known as “failing to provide a specific performance” as spelled out in the signed contract. In some cases, the court will demand that the erring party fulfill its contractual obligations instead of paying monetary damages..
Mechanic’s Liens
Mechanic’s liens are legal claims against a property by contractors or suppliers who have not been paid for their work. In Rhode Island, the process for filing a mechanic’s lien and seeing to it that all its requirements have been met (known as “perfecting a mechanic’s lien”) involves making sure that:
- The mechanic’s lien is filed within 200 days of the completion of the work or delivery of materials.
- The lien includes specific details, e.g. the amount owed, a description of the work performed, and the property’s legal description.
- Proper notice has been given to the property owner and other interested parties.
If you have filed a mechanic’s lien and it is being contested or you have not yet received payment, Bill Kolb can help you file an action to enforce the lien.
Defense Against Mechanic’s Liens
If, on the other hand, you are facing a mechanic’s lien, you may challenge its validity based on issues such as improper filing, incomplete or inaccurate information, or disputes over the amount claimed. Bill Kolb can assist you in defending against unwarranted liens or negotiating a settlement.
Partition and Quiet Title Actions
Partition and quiet title actions address disputes related to property ownership and title clarity.
Partition Actions
Partition actions are used to divide property among co-owners who cannot agree on its use or disposition. There are two types of partition:
- Partition in kind in which the property is physically divided among the co-owners.
- Partition by sale in which the property is sold, and the proceeds are divided among the co-owners.
Quiet Title Actions
A quiet title action is a lawsuit designed to clarify ownership of a given property.
It is used to resolve disputes and eliminate competing claims. The result of a quiet title action is a clear (“absolute”) title.
Contact Experienced Real Estate Attorney Bill Kolb Today
If you are located in Rhode Island and involved in a residential or commercial real estate dispute, now is the time to get in touch with the Law Offices of William M. Kolb.
Though the real estate conflict you are experiencing may seem intractable, once you contact Bill Kolb, you will be pleased to see how quickly he takes charge of the situation and strategizes to find a positive solution. Contact our office now to feel the confidence that comes from dealing with a true professional.