Real Estate Litigation

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Overview

The trial lawyers in Day Pitney's Real Estate Litigation practice group have years of experience representing corporations of every size and individuals in their real estate-related disputes. The group provides clients with both a multijurisdictional resource and the local knowledge that is so critical to successfully pursuing or defending real estate disputes. Members of this interdisciplinary group work directly with our colleagues in our Energy and Utilities, Financial Services, Real Estate and Environmental, Tax, and Individual Clients groups to identify and address all major issues involved in real estate disputes.

Our real estate litigation experience runs the gamut from administrative matters to hearings before local boards and agencies, trials before state and federal courts, and appeals. Our real estate litigation practitioners are experienced trial attorneys and appellate advocates, with long track records of success in substantial matters for large privately owned corporations, Fortune 500 and 100 companies, utilities, telecommunications carriers, municipal and public entities, and individuals.

Consistent with Day Pitney's client-focused approach, we partner with our clients in learning their business to maximize results in light of their business objectives. Our experience allows us to think creatively in connection with settlements and in alternative dispute resolution settings.

Day Pitney's Real Estate Litigation practice group was presented with the Real Estate Litigation Department of the Year Award by the New Jersey Law Journal (ALM Media Properties LLC) in 2014 (see Awards Methodology). No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Types of disputes typically handled include:

Sale of real property, including contract disputes, breach of contract, and consumer fraud and fraud in connection with sales
Commercial lease disputes, including retail, office and ground leases, as well as commercial eviction and summary dispossession and ejectment actions
Construction disputes and disputes involving construction contracts
Land use and zoning disputes and appeals, including challenges to zoning ordinances and application denials under state law, as well as the Civil Rights Act of 1964 and similar state civil rights statutes, with particular experience with regard to telecommunications facilities under the Telecommunications Act of 1996 and denials of applications of religious organizations under the Religious Land Use and Institutionalized Persons Act (RLUIPA)
Title disputes, including quiet title, deed restrictions, easement disputes and encroachments, adverse possession, and deed defects
Condemnation, eminent domain, and prerogative writ and mandamus actions
Real property assessment appeals and contests, and tax foreclosures
Property tax exemptions and appeals
Riparian rights and deeds, and farmland assessments and rollbacks
Disputes regarding the valuation of real property and/or real property interests
New Jersey affordable housing litigation, builders’ remedy suits and matters involving the Council on Affordable Housing (COAH)
Utility easements, rights of way and property nuisance claims

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