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Each of the players in the world of real estate: sellers, buyers, title insurers, escrow agents, and real estate brokers—have continuous exposure to the risk of litigation. Even well-managed transactions are exposed to reckless Plaintiffs that name every party involved in a transaction with an idea of extracting quick settlements.
We have long and deep experience in matters involving Prescriptive Easements, Easement Implied by Law, and Easements by Necessity, leases, commercial evictions, foreclosures, escrow agent defense, insurance coverage, and real estate partnership and estate syndication disputes, including secured creditor rights and financing issues.
Easement claims. Perhaps there is no better example of an area of law that can lead to profiting from litigation that the prosecution of an easement claim. An inchoate easement claim, once perfected, can dramatically increase the value of property, re-price a deal, and create new access to residential financing. To make this work, counsel must be fluent in land survey, and be able to create value for the client. Our firm has represented clients in more than 100 litigated and non-litigated easement claims—many involving complicated claims arising from century-old ranchos created after the 1848 Treaty of Guadalupe Hidalgo.
Prosecution and Defense of Title Insurance Claims. Our firm regularly prosecutes and defends title insurance claims. In several recent cases, we have persuaded title insurers to defend our client’s title claims after multiple denials, and without easement endorsements. On the other side of the aisle, we have saved many leading carriers the substantial cost of defense of a boundary dispute by moving quickly to a diminution of value analysis.
Areas of Focus
- Enforcing and defending Prescriptive Easements, Implied Easements
- Boundary Line Disputes, Boundary Line Agreements, and Water Rights
- Subdivision and Road Plans
- Escrow Agent Defense
- Claims against Escrow Agent or Title Agent
- Water and Utility Easement Condemnation