Real Estate Litigation

Real Estate Litigation

Waller's clients operate in some of the country's hottest real estate markets, which can often create a fertile ground for legal disputes. We represent owners, developers, commercial landlords, major tenants and other interested parties in single-party and multi-party disputes.

Clients hire Waller to represent them in real estate disputes involving high stakes, significant investments and complex legal issues. We aggressively and creatively pursue our clients' interests and are able to call upon a host of experienced transactional, tax and finance attorneys to work towards clients' desired outcome.

Our services include:

  • Boundary Line Disputes and Quiet Title Actions - Our practice involves litigation of private land use disagreements such as boundary line disputes, adverse possession claims, prescriptive easement claims and access and easement issues.
  • Commercial Lease Disputes - Waller's litigation attorneys represent landlords and large commercial tenants in a variety of lease disputes. These disputes involve issues such as:
    • Rent
    • Common area and tax calculations
    • Maintenance requirements
    • Continuous operations clauses
    • Exclusivity provisions
    • Relocation clauses
    • Termination agreements
    • Premises liability 
    • Security matters
  • Eminent Domain and Condemnation - Waller's litigation team works with clients facing eminent domain and condemnation proceedings to ensure the highest possible recovery.
  • Other disputes - We have a deep understanding of real estate and business laws and actively pursue collaborative resolutions to buyer-seller disagreements including those involving:
    • Buyer disclosure errors
    • Seller disclosure errors
    • Unlicensed contractor work
    • Illegal construction
    • Failure to comply with codes
    • Real estate buy/sell agreement disputes
  • Nuisance - We represent clients in connection with pursuing and defending nuisance claims. Waller has substantial experience representing property owners defending against claims of alleged nuisance as well as pursuing claims against neighboring owners that are believed to operating their businesses inappropriately and contrary to the law.
  • Zoning - We assist clients that have been subjected to improper interpretations of the law and regularly represent clients before both administrative bodies and, as necessary, in subsequent court appeals.

Related Experience

Real estate investment group enforces contractual lease in dispute

Represented a commercial real estate investment group in a multi-court filing to secure and enforce its contractual lease and guaranty rights.

Family-style restaurant shuts down dangerous nightclubs

Represented a national, family-style restaurant located in a shopping center to force the shopping center owner and nightclubs to abide by the easement.

Construction company owed $10 million by property developer

Represented the secured lender ($10 million), a construction company, in connection with Chapter 11 case involving large property development outside of Austin, Texas.

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