Real Estate Litigation: Ensuring Your Rights and Interests are Protected

Unparalleled Representation in Real Estate Disputes

At Garrity Traina, our team of accomplished attorneys possesses extensive expertise in successfully handling real estate litigation. We understand the complexities and nuances of the legal landscape surrounding real estate matters, enabling us to provide comprehensive assistance to buyers, sellers, owners, and other parties involved in property disputes. With a diverse range of skills and a wealth of experience, our attorneys are uniquely qualified to represent you effectively.

In-Depth Knowledge of Real Estate Contracts

The cornerstone of any real estate transaction is the contract, as it establishes the rights and responsibilities of both buyers and sellers. Real estate litigation typically centers around breaches of these contracts. Our attorneys have a proven track record of handling lawsuits arising from breaches, ensuring favorable outcomes for our clients.

Navigating Environmental Responsibility Disputes

Environmental issues can be financially crippling, potentially leading to bankruptcies and closure of businesses. A common point of contention in real estate disputes involves determining who is responsible for environmental issues. While the Industrial Site Recovery Act places the burden on sellers, parties can mutually agree on contract terms that transfer responsibility to buyers. Given the high stakes involved, disputes over environmental responsibility often require litigation. Our experienced litigators have successfully represented buyers and sellers in such disputes, securing favorable resolutions. An example of our expertise includes a case in which we represented the purchaser of a factory in a dispute over responsibility for the cleanup of the property.

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Resolving Title Issues with Confidence

Our team represents property owners, sellers, and buyers in title disputes. Title issues extend beyond mere claims to ownership, encompassing various factors such as tax liens or judgments that grant others the right to foreclose on a property. Navigating New Jersey’s complex title laws requires thorough knowledge and experience, which our attorneys possess. We have successfully represented clients in title disputes, ensuring their rights are protected.

Advocating Fair Property Taxation

Property taxes are an inevitable part of real estate ownership, but they must be based on fair and accurate property assessments. The government is also bound by New Jersey tax laws, which prohibit “spot assessments” without justifiable circumstances. Our attorneys have extensive experience in property tax litigation, successfully challenging inflated valuations and illegal spot assessments. We tirelessly advocate for fair property taxation on behalf of our clients.

Settling Boundary Disputes, Trespass Claims, and Adverse Possession Cases

Trespassing and adverse possession are interconnected issues that often lead to disputes. Trespassing refers to unauthorized entry or occupation of property, which may result in liability for “mesne profits” or compensation for the use of the property. Adverse possession, on the other hand, is a claim to property ownership based on a party’s uninterrupted occupation without legal right for a significant period, typically thirty years or more. Our attorneys have successfully represented clients in trespass and adverse possession cases, ensuring their rights are protected. For instance, we resolved a case in Hudson County, where our clients were sued for trespass and mesne profits, counter-suing for ownership through adverse possession. This resulted in a settlement that secured significant property recovery for our clients.

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Protecting Your Rights in Easement Disputes

Easements grant individuals the legal right to use another person’s property without outright ownership. Our attorneys are well-versed in the intricacies of easement disputes arising from various circumstances, including voluntary agreements, membership-related easements (such as homeowners associations), legal impositions (e.g., power companies’ easements for maintaining power lines), and necessity-based easements for landlocked properties. We have successfully represented property owners in easement disputes, negotiating favorable outcomes. For instance, we helped the owners of landlocked property in Bergen County secure an easement for access in a dispute with the State of New Jersey.

Assistance with Association Issues

Our team is dedicated to representing owners and associations in the challenges they often face, including disputes over common areas, construction and repair responsibilities, liens for non-payment of maintenance, and transition issues during developer-to-owner association transfers. We navigate these complex matters, ensuring fair resolutions that protect our clients’ rights.

Skilled Representation in Property Ownership Disputes

Disputes frequently arise between joint owners of property, whether it’s a difference in opinion regarding property use or conflicting desires to sell or retain ownership. These disputes range from family members’ vacation property disagreements to complex issues faced by developers. Our attorneys represent property owners of all scales, from single-family homes to large industrial complexes, ensuring their interests are safeguarded throughout the resolution process.

Advocacy in Landlord/Tenant Litigation

Our dedicated landlord/tenant litigation practice is equipped to address the complexities that arise when disputes emerge between buyers and sellers, involving tenancy issues. When contractual obligations regarding tenants are not fulfilled, or misrepresented rental income and tenant numbers come to light, litigation becomes a necessary step. Our real estate attorneys adeptly represent buyers, sellers, landlords, and tenants in these disputes, ensuring a fair resolution.

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Trust Garrity Traina with Your Real Estate Litigation Needs

With decades of experience aiding buyers, sellers, owners, and other parties involved in real estate matters, the attorneys at Garrity Traina are ready to provide the expert representation you deserve. Contact us at (973) 890-0004 or via email to learn more.

Garrity Traina