Commercial and Residential Property Law
Commercial & Residential Property Law
Commercial and residential property law encompasses a wide array of legal issues that property owners, landlords, tenants, and homeowners’ associations face. At Remus, Weddle & Cavenee (RWC), our attorneys are well-versed in navigating the complexities of property law, offering experienced guidance and representation to ensure our clients’ real property concerns are addressed effectively. Whether it is a dispute over property boundaries or issues with zoning regulations, RWC is equipped to assist.
Property Disputes (Easements, Adverse Possession, Common Driveway Disputes)
Property disputes can arise over easements, claims of adverse possession, or between owners/users of common (shared) driveways. Easements involve the right to use another’s land for a specific purpose and can be expressed or implied. Adverse possession involves a claim of ownership to real property that accrues under certain conditions over time, adverse to the record property owner. Disputes over common driveways typically involve access rights, or maintenance obligations. RWC has extensive experience in resolving these types of disputes, working toward solutions that respect the rights and interests of all parties involved.
Homeowners Associations (HOAs)
HOAs play a significant role in many communities, sometimes to the consternation of homeowners. However, HOAs also provide a valuable service, providing leadership from within the community to arrange for the delivery of services and amenities and protecting the property values and the rights of homeowners. Disputes can and do arise in communities with HOA or condominium associations, raising legal issues including the overzealous enforcement of covenants, conditions, and restrictions; the assessment of fees and fines; and association governance. RWC represents both homeowners and HOAs and brings experience from both the homeowner and HOA perspectives in providing legal advice and dispute resolution services to ensure that the community’s regulations are fair, reasonable, and lawfully applied.
Leasing
Commercial and residential leases raise numerous legal considerations, implicating contract law and statutory protections that can vary from state to state and even county to county. Residential leases are subject to many state and local statutory and regulatory protections intended to protect the tenant. Landlords need to take care in the preparation of lease agreements that comply with this statutory scheme, while tenants need to be aware of their rights under the law. RWC assists clients in drafting, reviewing, and negotiating lease agreements, ensuring that the terms are clear, comprehensive, and enforceable. Our goal is to prevent future disputes by addressing potential issues from the outset.
Landlord/Tenant Disputes
Disputes between landlords and tenants can arise from several aspects of the landlord-tenant relationship, including disagreements over lease terms, unpaid rent, landlord obligations for maintenance and upkeep, evictions, and the return of security deposits. RWC offers representation to both landlords and tenants, both residential and commercial, advocating for their rights and interests. Whether it is pursuing an eviction process or defending against one, our attorneys are committed to achieving fair and just outcomes for our clients.
Zoning
Zoning laws affect how property can be used and developed. Property owners dealing with zoning issues may face challenges related to land use, building permits, or variances. RWC offers experienced counsel to help clients navigate zoning regulations, representing clients in connection with applications, appeals, and hearings to achieve their property goals while complying with local laws.
Mechanic’s Liens and Bond Claims
Mechanic’s liens and bond claims are critical tools for contractors, subcontractors, and suppliers to ensure they are paid for their work on construction projects, providing security for work performed and materials delivered. However, many private construction projects do not offer the protection of payment bonds, and enforcing bonds on public construction projects requires prompt action on the part of contractors, subcontractors, and material suppliers. Likewise, mechanic’s lien laws vary from state to state and often are subject to very specific conditions and time frames in order to be successfully asserted. RWC assists clients in filing and enforcing mechanic’s liens and bond claims, protecting their rights to compensation. Additionally, we represent property owners in disputing unjust claims, ensuring that their property rights are defended.
At Remus, Weddle & Cavenee, we understand the importance of addressing commercial and residential property law issues promptly and effectively. Our broad experience ensures that, whether you are dealing with a boundary or access dispute, HOA issue, lease agreement, landlord/tenant dispute, zoning challenge, or mechanic’s lien, our team is ready to provide the legal support you need to achieve a favorable resolution.
