Explore Our Capabilities

Real Property Dispute Resolution

Overview

Parker Poe advises and represents clients in a wide range of real property-related disputes. Among our clients, we represent owners, developers, shopping center owners, industries, managers, utilities, title insurance companies, and property owners associations with teams of attorneys experienced in real estate development, land use and zoning, environmental permitting and regulation, and health and safety issues. Our attorneys also defend brokers, brokerage firms, surveyors, appraisers, and other real estate professionals in professional negligence and related lawsuits and administrative proceedings in a competitive and increasingly litigious marketplace.

Featured Experience

Our experience encompasses a wide range of issues at the local, state and federal levels in judicial and administrative trial and appellate tribunals and in other dispute resolution proceedings:

  • Contract disputes involving the sale or leasing of real property
  • Easement and right-of-way disputes
  • Eminent domain and condemnation actions (on behalf of condemnors and property owners)
  • Property tax and tax exemption disputes before the North Carolina Real Estate Commission and state and local property tax appeals
  • Commercial landlord/tenant disputes
  • Title insurance claims defense
  • Quiet title and ejectment actions
  • Land use and zoning disputes
  • Dispute resolution with land contractors and consultants
  • Geotechnical issues and related disputes
  • Lis pendens issues
  • Mechanics liens disputes
  • Resolution of disputes with homeowner’s associations
  • Warranty and other homeowner disputes
  • Defense of premises liability and toxic exposure claims
  • Defense of claims related to alleged toxic mold exposure
  • Advice and counseling of clients on risk management and insurance issues

Representative Matters

  • Represented a 1500+ acre landowner in a challenge to its conditional use zoning approval and achieved a dismissal of the lawsuit without compromise and without delay in the planned development timetable.
  • Represented real estate professionals in lawsuits, including allegations of improper calculation of square footage, negligent appraisal or other value determination, negligent surveying and other allegations of professional misconduct. Achieved favorable settlements for our clients.
  • Represented numerous commercial and residential landowners in public condemnation actions, challenging the condemnor's determination of the damages to the property and achieving very favorable results for our clients.
  • Defended a commercial property developer against allegations of toxic mold exposure to a tenant, achieving a very favorable decision for our client after a two-week commercial arbitration.
  • Represented numerous private condemning authorities and tried jury cases to obtain very favorable verdicts on the issue of diminution in the fair market value of the property due to the taking.
  • Represented developers in various disputes with homeowners' associations concerning the application of restrictive covenants and association bylaws.

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Professionals

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