Real Estate Litigation
If you are involved in a real estate dispute or real estate litigation, you need an experienced, knowledgeable and dedicated real estate litigation attorney to assist you. It is important that you retain counsel who will be recognized by a Tennessee court as being experienced and knowledgeable about real estate law and trial procedures in real estate cases. We have over forty years of combined experience representing parties involved in real estate disputes in Nashville and throughout Tennessee. Because of our extensive involvement as trial lawyers with real estate and land developments, with commercial leases, and with brokers and agents, we understand how to approach real estate disputes to formulate a results oriented, cost-effective strategy for our clients. Sometimes the best strategy is litigation. Sometimes the best strategy is early, informal resolution of the dispute through mediation or arbitration. In many cases, early negotiation and/or mediation can resolve a real estate dispute so our client can get on with business and avoid incurring attorney’s fees over a protracted period of time.
Our law firm handles the following types of real estate disputes and property disputes:
- Commercial real estate litigation
- Residential real estate litigation
- Commercial lease disputes and breach of lease cases
- Partition cases/Joint tenancy cases/Tenancy in common cases
- Breach of real estate contracts
- Title insurance coverage disputes
- Eminent domain and condemnation cases
- Inverse condemnation cases
- Disputes between joint tenants, tenants in common and co-owners of property
- Easement disputes
- Quiet title actions
- Boundary line disputes
- Restrictive covenant cases
- Ownership disputes
- Mortgage broker commission disputes
- Real estate agent commission disputes
- Defective construction disputes
While much real estate litigation involves many of the same issues and challenges as other commercial and business cases, many issues in real estate litigation can be unique. Hiring a law firm with experience and expertise in real estate litigation to represent you in a real estate dispute can make the difference between winning and losing, or winning more versus winning less.
What is unique about real estate litigation versus other types of commercial litigation? In many real estate cases, the desired result is not an award of money damages, but some other type of relief such as injunctive relief in the form of a court order prohibiting someone from doing something or requiring them to do something. In certain real estate cases, clients may need declaratory relief in the form of a declaratory judgment establishing and declaring their property rights. The strategy for obtaining the best possible injunctive or declaratory relief for a client in a real estate dispute requires a real estate lawyer familiar with all of the angles from which your interests must be protected, now and in the future.
In real estate cases where it is important to obtain money damages, instead of injunctive or declaratory relief, or in addition to it, we have the trial experience, both in jury trial cases and bench trial cases, to recover all of the damages to which you are entitled. For many real estate disputes, the difference between a successful outcome and an unsuccessful outcome might hinge on the quality of the expert witness on your side and that expert’s preparedness for deposition or trial. We have years of experience finding the best experts for cases and ensuring that they are well prepared to testify and to face cross-examination.