Real Estate and Environmental

Conflicts arising between neighbors, landlords and tenants, condominium owners and associations, property owners and title companies, zoning boards, or other entities may all fall within the broad category of Real Estate Disputes.

An experienced mediator or arbitrator well versed in these various types of disputes can work with parties and their counsel to efficiently and effectively find practical solutions, saving everyone the needlessly spent time and money likely required by protracted litigation.

Similarly, parties and counsel involved in a range of Land Use and Environmental Disputes can benefit greatly by bringing their cases to mediation or arbitration rather than enduring the long delays, significant costs, and ultimate uncertainty that are part of lengthy court proceedings.

Real Estate Disputes

Title Disputes

Whether related to problems with the property's legal documentation or issues related to ownership such as challenges to title transfers, issues with unrecorded liens, or encumbrances on the property, real estate title disputes are well suited to resolution through mediation or arbitration.

Mediators and arbitrators with experience in these disputes can help parties and counsel from both sides to work towards a fair and reasonable resolution, saving everyone time, money, and aggravation.

Commercial Leases

Commercial lease disputes are often related to disagreements over the terms of the lease itself. These disputes can be problematic for businesses and tenants alike, as they can cause significant financial and legal complications.

One common source of commercial lease disputes concerns disagreements over whether payment obligations have been met under the terms of the lease. Another common issue involves claims of property damage or deterioration, which may be due to flooding or fires, as well as general wear and tear or neglect of maintenance responsibilities.

With the impact of COVID-19 on brick-and-mortar enterprises, there have been a growing number of disputes and consequent litigation over whether certain clauses in commercial leases affect tenants’ obligations to pay the leases’ stated rents. These disputes also often involve renegotiations to account for the economic impacts on both tenants and landlords. Mediation can be a friendly place for renegotiations since continued, long-term, and costly litigation may just add to the woes of both parties. 

Arbitration enables disputing parties to turn their disagreements over to an experienced, neutral decision-maker who can put an end to what might otherwise escalate, resulting in the unnecessary depletion of everyone’s resources.

Condominium Disputes

Condominium disputes can arise:

  • between unit owners

  • between the condominium association and one or more unit owners

  • between the condominium association and the original developer of the project

  • between the condominium association and third parties like its architect, engineer, or contractors

These disputes can involve disagreements over:

  • common areas and amenities

  • issues with maintenance and repairs

  • failure to pay fees and consequent liens

  • financial mismanagement by the developer or the condominium board

  • construction defects and damage to the common areas or individual units 

Some of these disputes can be complex and involve many parties, making litigation that much more time-consuming, lengthy, and expensive. Resolving them through mediation allows parties to problem-solve, doing so with less cost, and in ways that may preserve long-term relationships.

Despite the fact that many condominium associations’ documents require arbitration rather than litigation in court for the resolution of at least some kinds of disputes, if the parties agree, they may opt to attempt resolution through mediation first. If not, a seasoned arbitrator who knows the field can help ensure that the dispute is resolved in a timely and cost-efficient manner. 

Landlord/Tenant Disputes

Litigation is often an unnecessarily costly and cumbersome process for the resolution of disputes between residential landlords and their tenants.

Whether a two-family house or a large multi-unit complex, both landlords and tenants can find themselves struggling to manage disputes concerning timely repairs, adequate heating and cooling, and other issues around the cleanliness, safety, and overall habitability of the housing conditions.

Often, a tenant’s failure to pay rent in a timely manner can lead to a landlord initiating eviction proceedings, exacerbating what may already be a highly contentious relationship. Tenants may claim that what is attempted is a wrongful eviction, whether because of payment disputes, the landlord’s breaches of provisions of the lease or violations of the general warranty of habitability. 

Skillful mediation enables many landlord/tenant disputes to be settled amicably and efficiently. Alternatively, arbitration can provide an efficient means to resolution, avoiding escalation to costly, adversarial court battles.

Zoning, Including Ch. 40B Disputes

Zoning disputes can be quite complex, whether between individual property owners and their town’s Zoning Board of Appeal or involving a large group of stakeholders with a variety of disagreements over the appropriate uses of certain land within a given area.

Issues may include:

  • concerns over public safety

  • property values

  • environmental impacts

  • aesthetic concerns

These issues sometimes involve the competing interests of different sets of property owners in a community as well as the town itself.

Ch. 40B Disputes

Under Massachusetts Ch. 40B, developers may propose projects to local zoning boards that contain provisions for increasing the town’s stock of affordable housing.

Controversies arise because the town may issue comprehensive permits that override some local regulations, and the developer may also appeal a town’s rejection to the state’s Housing Appeals Committee. Disputes arise between the developer, abutting neighbors, town residents, local government, and the state agency.

Through mediation, communities can work together to find creative solutions that balance the needs and concerns of all concerned parties.

Boundary Disputes/Easements

Boundary disputes and conflicts over easements are often highly contentious areas of strife between neighboring property owners. Adding to the difficulty of resolving such disputes is the fact that, typically, the disputing parties will continue to have to deal with each other despite the breakdown in their relationship.

A skillful mediator will manage both the interpersonal dynamics along with what may be complex legal issues to assist parties and their counsel both in resolving the immediate dispute and in finding ways to coexist more peacefully going forward. A binding decision issued by an experienced, neutral arbitrator can put an end to what may otherwise be lingering disputes between neighbors.

Adverse Possession

Adverse possession claims, by their very nature, are highly contentious and involve the added complexity of actions spanning long periods of time, sometimes dating back to prior property owners who may no longer be available.

A simple resolution of such matters is impeded by the fact that these claims may hinge on poorly documented and unclear actions, communications, and intentions between property owners from many years past. Submitting these cases to a judge or jury may not be in anyone’s best interest — mediation or arbitration can offer a preferable alternative.

Foreclosures

Foreclosure disputes can be particularly bitter. Debtors or their tenants may lose their homes. Creditors, including banks or other financial institutions, may not have been paid mortgage installments for years.

These disputes in the courts can go on for many more years, involve several parties including title insurance companies, and rack up significant legal fees. Mediation can allow the parties to come to a negotiated resolution taking account of all parties’ situations and allowing each the closure to move on. Where mediation is not a viable option, arbitration can be an effective and efficient way to resolve these complex matters.

Environmental Disputes

Oil Spills, Other Hazardous Materials, and 21E Claims

Claims of damages resulting from oil spills or the release of other hazardous materials are complex, often with a range of issues which may include:

  • damage to personal property or public lands

  • environmental impact requiring specialized cleanup and other remediation

  • personal injury

  • short or long-term health consequences

  • impact on property value or other financial impact

Some but not all of these cases fall under the framework of Chapter 21E of the Massachusetts Oil and Hazardous Material Release Prevention Act.

Mediation can bring together the multiple stakeholders in these difficult conflicts to work towards a mutually beneficial outcome. This can involve identifying possible solutions, discussing strategies for preventing future spills and working together to devise strategies for restoring damaged ecosystems.

Wetlands and other Land Use Disputes

Wetlands are often the focal point of disputes between stakeholders with competing interests and concerns. Developers, conservationists, community members, property owners, and the local Conservation Commission may find themselves at odds over how best to manage these habitats, and the stakes may include significant financial, political, and environmental consequences.

Another category of dispute that is generally not well served by what is likely to be a complex and costly court battle concerns issues arising out of eminent domain takings, in which the interests of private property owners may be pitted against those of local, state, or federal government entities. The most common conflicts in this area tend to focus on what constitutes just compensation and whether the stated purpose of the taking meets the criteria for public use.

Given the complex nature of wetlands, eminent domain, and other land use disputes, our mediators work with all parties to facilitate consensus building and develop effective solutions that take into account all perspectives and interests.

Toxic Torts

Learn more about toxic torts on our Personal Injury & Torts page.

Arbitration and mediation provide valuable tools for resolving conflicts quickly and ensuring the continued prosperity of the real estate market and our environment, as well as the rights of property owners and tenants. Contact us to learn more.

Our Experts Specializing in Civil Disputes