Real Estate Litigation
Despite the best of our intentions, matters involving real estate sometimes become contentious and must be resolved in court. Neighbors have property line disputes. Buyers and sellers in purchase-and-sales agreements dispute essential terms of their agreement. A person unwittingly purchases a property with a title problem. The multiple ownership of a property becomes untenable.
All of these situations require the help of an attorney. I am Andrew M. Cagen, a real estate litigation attorney with more than 30 years of experience. I have the experience and expertise needed to provide the following services:
- Resolve issues through negotiation or mediation to avoid the time and expense of litigation
- Represent you in adverse possession cases. Often these cases involve situations in which a person has been using a neighbor’s property for a lengthy period of time and a dispute arises over who owns the land or had the right to use it. The filing of an adverse possession case in Superior Court is a method of resolving such a dispute.
- Resolve clouded title. Occasionally buyers discover that they have taken title subject to possible liens, easements or ownership interests in others. I am well-versed in title matters and can file a petition in Superior Court to clear the cloud on your real estate.
- Represent you in a partition action. Two or more people sometimes find themselves owning real estate and can’t agree on what to do with it. They may be a brother or sister who inherited a property. Or they may have been business partners who have fallen into a dispute. Or one of them may have bought a portion of the property at a tax sale and wants to find a way of extricating himself or herself from the complications of dual ownership. The law provides partition as a means of resolving these situations. Where practical, the law establishes a process in Superior Court to physically divide the land so that each party is the sole owner of part of the land. The law also provides for partition by sale, in which a commissioner is appointed to determine the value of the land, sell it and determine the disposition of the sales proceeds.