Real Estate Litigation

While many real estate matters can be dealt with on an individual basis, sometimes you cannot resolve a dispute with a property abutter or with the town. These issues can cause real estate investors serious problems and can impact their ability to provide a proper lease to let the property, which means they can also cost you money. Here are some areas where we can help you maintain your rights to your property.

Adverse Possession, Easements, & Trespass

Under Rhode Island property laws, if someone enters your property without your knowledge and remains there openly, you could lose the rights associated with ownership. Trespass is legally defined as entering a property without permission. However, if you are not using the property and someone enters the grounds without your knowledge and uses the property, the squatter could put in an adverse possession claim to their benefit. We can help you avoid this problem by taking immediate action against the squatter as well as help you should an adverse possession claim be filed.

An easement can also be associated with an adverse possession action and we can help you deal with these matters head-on. Do not take risks with the property you have invested in, retain your rights by working with a skilled Rhode Island real estate attorney.

Property Owners Causing a Nuisance

When you own a piece of property, you have the right to expect to retain the use or enjoyment of property in a manner that suits you. When you have a neighbor who is potentially harming your property value or making it difficult for you to enjoy your property, you may need to follow up by filing a nuisance claim.

Property owners should be aware there are two types of nuisance claims: a private nuisance claim and a public nuisance claim. The private claim is typically between abutting neighbors, while the municipality may file a public claim because they are unhappy with how you are using your property. Regardless of the circumstances, the Evan S. Leviss Law Firm is here to help you either file a claim or fight back against a nuisance claim filed against you.

Rhode Island Zoning Violations

Working with local zoning boards can be frustrating, particularly when you have invested in property for the purpose of generating income. The last thing you want, or need, is to purchase a piece of property only to learn that zoning restrictions are going to prevent you from using the property as you originally intended.

Because we focus our practice primarily on real estate issues, we have experience working with zoning boards and representing clients who find themselves facing challenges. We will represent you before the zoning and planning boards and make sure they understand the economic impact of their rulings and work with them to find an acceptable alternative. Should this not be possible, we are not afraid to further litigate the matter.

Boundary Disputes & Encroachments

When you purchase a piece of property, or when you are attempting to sell a property, there are specific boundary lines associated with the property records which are maintained in the records associated with the property. Titles normally contain full details about the property boundaries, so everyone understands what the “lot” outline is. However, there are also instances where a neighbor may have encroached on an abutting property by building a fence, adding a garage, or using an elaborate landscaping design.

When a neighbor has encroached on your property, or there is a dispute regarding where the property lines are, there are only a few options. You can mutually agree they can continue to use the property, or you can take legal action to force them to move the encroachment. Failure to do so could result in future problems for you or future property owners, including adverse possession actions. The time to act is immediately upon learning your property is being used without your permission.

Purchase & Sale Agreements or Disputes

Most purchase and sale agreements used in Rhode Island are standard. However, you should never sign any agreement without having it reviewed by an attorney first. Too often, real estate transactions go wrong because proper disclosures are not made or because there are restrictive clauses in the purchase and sale agreements that cause problems with financing. We can help you by reviewing these agreements and help resolve disputes arising from poorly worded or failure to disclose issues prior to offering a property for sale.

Restrictive Covenants

When you sign a purchase and sale agreement, you expect the language to be clear and fully descriptive. What you may not anticipate is some of the restrictions which are spelled out in the contract including when and how you can have the property inspected, imposing unusual deadlines for financing, and other restrictive language which impacts your abilities to secure financing, have the property inspected by pest control or structural engineering professionals.

We can help you negotiate these clauses out of the contracts, so you have the flexibility to protect your interest during the purchase and sale process.

Title Issues Including Partition Actions

One possible issue you could face after signing a purchase and sale agreement is when there are issues with the title. Lenders are less likely to make loans when there are liens attached to a title or when there are partition actions pending. A partition action means there are multiple owners of the property and one or more of the owners is against the sale, while other parties are for the sale. We can help you resolve these disputes and make sure you do not face challenges to owning the property.

Condominium Disputes in Rhode Island

Condominium developments are unique in that they are governed by an internal homeowner’s association. Most condominiums have restrictions pertaining to who can live in the units, whether an owner can rent the property, and outlining specific issues such as outside maintenance, the color of units, etc. We can help you resolve these disputes in your favor while protecting your rights of ownership. Contact us immediately if you are facing issues with your own unit, or if your rights to use common areas are being infringed upon.

Land Use Disputes and Surface Water Issues

Once you purchase a piece of land for development, you must submit plans to the municipality for the development of the property. However, there are many hurdles to overcome including zoning issues. When an abutter files a complaint about your intended purpose, or if you learn there are groundwaters which may impact your plans, we are here to help. Do not allow these problems to get out of hand – contact Evan S. Leviss Law Firm immediately and let us help you protect your rights to your property.

Landlord/Tenant Residential & Commercial

Purchasing a commercial or residential property with the intent of renting or leasing it out means you have an opportunity to generate additional income. However, there are often issues you will face when you are a property landlord. Whether your tenant is creating a nuisance, failing to pay rent, or they are violating the terms of a lease, we can help. Contact us for all of your residential and commercial landlord/tenant issues.

Property Leases in Rhode Island

Having a proper lease agreement in place for residential and commercial rental properties is a must. However, using a standard lease found in any stationery store could leave you vulnerable to problems later. Rather than take the chance your rights as a landlord will be violated, contact Evan S. Leviss Law Firm and let us help you draw up the appropriate lease agreement so you can protect your interests.

Contact Even S. Leviss Law Firm for all of your residential and commercial property needs. Our goal will always be to protect your property rights. When we are unable to negotiate an agreement between you and the other interested parties, we will be fully prepared to take the matter to court and protect your property rights.