Real Estate Litigation Attorneys In Longmont, Colorado
Real estate litigation arises because of an uninformed, misinformed, or inadequately documented decision. The consequences of that decision often leave little choice but to threaten litigation or file suit. Real litigation may also arise where a party has withheld or misrepresented information important to the transaction.
Real estate litigation arises in many different contexts and the types of disputes are countless. A seller fails to disclose a latent defect in the property. An easement does not show on a survey or title insurance policy. A neighbor claims a prescriptive easement across an owner’s property. A broker has an undisclosed conflict. A builder cuts corners on a new house. A tenant defaults in payment or damages the property. A general contractor fails to pay its subcontractors and suppliers. A developer fails to perform its public improvements obligations. A deed defectively describes the property.
Many real estate disputes can and should be resolved by settlement. This is particularly true if money is the object of the dispute. Other disputes often cannot be resolved without litigation. A good example is a prescriptive easement claim. Prescriptive easement claims arise from historic and unpermitted use of land owned by another, typically a neighboring property. A dirt road across the middle of a tract of land may have been used by others for years without the owner objecting to the use. The neighbor must go to court to perfect its claim to the easement. If the easement is found to exist, the court’s order will provide that the easement exists in perpetuity. This could prevent future beneficial use of the owner’s property; a prescriptive easement road across the middle of property otherwise suitable for development can threaten the viability of development. Disputes like this usually require litigation and the outcome is a zero-sum game; there is a winner and a loser.
Mr. Marsh has extensive litigation experience in real estate matters. He has litigated or arbitrated well over 100 cases to decision and many more to settlement. The real estate cases include disputes over contracts, ownership, investor control, boundary lines, prescriptive and recorded easements, development and subdivision, lender asset recovery, title company best practices, brokerage commissions, and non-payment of subcontractors and material suppliers.
He has represented sellers, buyers, owners, investors, residential and commercial landlords, contractors, developers, title companies, lenders, municipalities and governmental districts, and homeowner associations.
He practices in Colorado district and appellate courts, federal district, bankruptcy, and appellate courts, and before arbitration panels.
Mr. Marsh promises to assess documents and facts relevant to the engagement, test a client’s resolve and ability to litigate the matter, investigate the opponent’s ability to satisfy a judgment, balance the pros and cons of litigating, propose options for resolution of the dispute, and prepare for litigating the client’s case before the court or arbitration panel.