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Real Property Disputes: Practices

Wellspring Advisers helps clients successfully resolve a wide range of disputes efficiently and effectively, whether they stem from commercial lease disputes, land use issues, workout litigation, partnership disputes, title disputes, real estate brokerage matters, sale and acquisition disputes, or other related commercial and business disputes. We represent clients in state and federal courts, arbitral organizations and other alternative dispute resolution arenas, as well as federal and state agencies. We represent developers and builders to owners, landlords, commercial tenants, real estate management companies, institutional investors, lenders, and contractors.

Typical representations include:

  • Specific performance actions to enforce sale agreements, rights of first refusal, and other contractual rights relation to real property.

  • Partition actions to divide previously undivided interests in real property, such as joint tenancies.

  • Actions to clear clouds on title and title defects.

  • Mechanics' lien suits of contractors, subcontractors, and materials suppliers.

  • Creditors' suits to enforce judgment liens.

  • Reformation of deeds, deeds of trust, and other instruments to correct errors.

  • Actions to establish or clear title to property, easements, and other property rights.

  • Actions to establish disputed boundary lines.

  • Declaratory judgment actions to clarify property rights between competing claimants.

  • Condemnation actions and other eminent domain litigation.

  • Landlord-tenant disputes relating to commercial properties, including:

    • CAM, taxes, and rent disputes

    • Demolition clause disputes

    • Termination clause disputes

    • Early lease termination clause disputes

    • Renewal clause disputes

    • Tenant default disputes

    • Landlord default disputes

    • Forcible entry and detainer actions

    • Improper use/non-permitted use disputes

    • Access disputes

    • Zoning/development/legal use rights disputes

    • Surrender disputes

  • Mortgage/Lien Foreclosure Litigation

    • Mortgage foreclosure litigation

    • Receivership appointment disputes

    • Lender liability disputes

    • Representation of tenants of property in foreclosure

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