Real Estate Litigation/Eminent Domain
Real estate disputes arise in many ways. We have filed actions to compel a seller to sell, to relieve a buyer from having to buy, to obtain a deposit wrongfully held by a party to a contract, to obtain a fee denied a real estate broker, to obtain damages for refusing to sell property to a buyer, to quiet title among various persons claiming title to a piece of property, and to determine parties' obligations under deed restrictions. The disputes are sometimes about $10,000.00 or $7,000,000.00, and sometimes it is not about money at all (e.g., to stop a nuisance). We have represented a national title insurance company in multi-million dollar land fraud litigation, and we represent banks and lien holders in complex foreclosures. On the other hand, we have filed actions to compel the sale of residential homes, and we have acted as counsel in resolving boundary disputes among several homeowners.
Another type of real estate litigation involves the taking of private property by a government entity. This is called Condemnation or the exercise of Eminent Domain. We have successfully represented the interests of landowners whose property is condemned by the Casino Reinvestment Development Authority (CRDA) (among others), and were trial counsel in CRDA v. Shelvard, a case that resulted in an $8 million jury verdict in favor of the landowner. This case has become the benchmark against which future Atlantic City condemnations will be measured, and our success in that case provided us the opportunity to successfully represent many other landowners throughout New Jersey. Our significant experience in this area of law has given us access to the best appraisers in the State and has made us uniquely qualified to handle future condemnations.
Real Estate Transactions
We have represented homeowners in the purchase of their "starter house," and we have prepared the documentation for the exchange of multi-million dollar commercial properties. We give each the same attention to detail. Since we spend a large portion of our time litigating real estate issues, we are acutely aware of the pitfalls of poor planning and drafting, and we strive to avoid those pitfalls in drafting and administering contracts of purchase and sale.
Due to our relationship with many real estate developers, we have had the privilege of establishing a number of condominiums of various sizes. Our attorneys are experienced with the process before the Department of Community Affairs, and will work to economically achieve the necessary approvals.