The attorneys in our Real Estate Litigation Practice Group focus specifically on real property disputes. We have the specialized knowledge and experience that comes from a long history of representing successful companies before both state and federal courts in a wide variety of real estate matters. We take a comprehensive, team approach to real estate litigation, combining the talents of lawyers with backgrounds in real estate finance and development with others who have real estate litigation experience. Partnering with our clients, we work to secure individualized solutions that achieve our clients' business goals. This may include taking disputes to trial, but can also include meeting those objectives through settlement negotiations, mediation and arbitration.
The attorneys in our Real Estate Litigation Practice Group focus specifically on real property disputes. We have the specialized knowledge and experience that comes from a long history of representing successful companies before both state and federal courts in a wide variety of real estate matters. We take a comprehensive, team approach to real estate litigation, combining the talents of lawyers with backgrounds in real estate finance and development with others who have real estate litigation experience. Partnering with our clients, we work to secure individualized solutions that achieve our clients' business goals. This may include taking disputes to trial, but can also include meeting those objectives through settlement negotiations, mediation and arbitration.
Bradley Arant Boult Cummings represents a wide variety of entities and individuals, including owners, buyers, sellers, landlords, tenants, developers, brokers, borrowers and lenders in a full array of real estate litigation matters.
Our areas of experience include:
Condemnations
We assist clients involved in condemnations, not only by assessing whether the government has the right to take their property, but also by advising clients on obtaining the highest value for that property. We regularly represent clients in probate court condemnation proceedings and in jury trials appealing condemnation awards.
Construction
Many real property disputes also may involve construction-related problems. We have extensive experience in handling construction disputes, both residential and commercial. We are also able to draw on the experience of the lawyers in our national Construction and Procurement Practice Group, who focus solely on construction matters. This provides us with unique insights into the business objectives of our clients as we develop strategic solutions for their construction litigation matters.
Environmental Issues
Disputes involving environmental issues are an increasing concern for many businesses. Our real estate litigators regularly represent clients on a broad array of issues, including appearances before the EPA or ADEM. We also draw on the extensive resources of our Environmental and Toxic Tort Practice Group to assist clients with environmental matters.
Landlord/Tenant/Leasing
We have considerable experience handling a wide range of landlord-tenant disputes, representing both owners and tenants in litigation involving leases for residential, retail, industrial and commercial properties of all types.
Mineral Rights
Given their significant value, mineral rights are often the focus of litigation. Our group has represented a number of different entities in determining and litigating ownership of mineral rights.
Property Damage and Insurance
Our attorneys have extensive experience representing clients in the prosecution and defense of injunctive relief actions, as well as the negotiation and litigation of monetary claims stemming from property damage. We have handled disputes regarding allegations of property damage resulting from diversion of surface and naturally flowing water, air pollution, and various actions of adjoining landowners. Drawing on the resources of our Insurance Practice Group, including attorneys who continue to handle post-Katrina legal matters, we regularly represent clients regarding insurance coverage and claims in the real estate context.
Tax Appeals
Ad valorem taxes on real property can be a crippling expense. We have challenged tax valuations at both the protest and the trial court stage, securing reductions in property taxes for industrial uses, commercial shopping centers, low-income housing developments, residential developments, and other commercial uses.
Title and Boundary Line Disputes
We routinely represent our clients in disputes over historic boundary lines and property titles. Our experience includes defending property titles and securing reimbursement by title insurers for losses associated with poor title.
Zoning
We represent clients before municipal and county governments on a variety of zoning issues. We also routinely and successfully handle appeals of zoning decisions before state courts.
Representative Clients
- Barber Realty
- CVS
- Charles Kessler
- Crown Communications
- Daniel Realty
- EBSCO
- Energen
- General Growth Partners
- Home Depot
- Region’s Bank
- RJR Mining
- St. Vincent’s Hospital