Dworken and Bernstein has experience protecting the property rights of businesses and individuals.  Our attorneys have the expertise to discern your claim for ownership, use and/ or damages and bring those arguments before opposing counsel and the court.  While most civil cases settle before getting tried before a jury, property ownership and use are some of the most contentious types of cases and, therefore, can be challenging to resolve.  Count on attorneys that you can trust to present your case and that will give you an honest assessment of the strengths and weaknesses of your case.

Dworken & Bernstein has handled a variety of real estate disputes that arise from a business’s and an individual’s perspectives. From the dispute over an easement between commercial property owners to the property line dispute with your neighbor, Dworken & Bernstein has handled them all.  We can assist you from the beginning of the dispute through resolution and, if the parties are unable to reach an agreement, we will file or defend the case in court.  Below are some examples of the type of real estate disputes we routinely handle:

  • Foreclosure: When a party has an unpaid lien on real property through a judgment entry, mortgage or mechanic’s lien, it can foreclose on the property. The foreclosure forces the sale of the real property in order to satisfy the lien.  Oftentimes a creditor is unable to secure payment on its lien until it takes the step of foreclosing on the property.
  • Eviction and Landlord/ tenant issues: When a landlord has a tenant in breach of its lease, it needs attorneys who can act quickly and methodically to protect the landlord’s interests. Dworken & Bernstein will act expeditiously to minimize the impact on the client’s rent revenue while protecting its rights under the lease, including eviction proceedings and seeking a judgment for unpaid rent and property damage.  We are experienced in protecting the interests of both commercial and residential landlords, as well as commercial tenants.
  • Easement: An easement grants a party the right to use a portion of another’s real property. However, issues often arise with the manner in which the easement is used and a party’s legal recourse relating to that use. Dworken & Bernstein will evaluate the legal arguments and advise the party of its options for legal recourse.
  • Quiet Title: When a party has been occupying real property for a period of 21 years or more, it has a legal claim to ownership of that property, even if it is not the owner. A party may be the owner of property that is legally owned by others who have not used the property for many years. A quiet title action is one way to obtain legal title to real property to which others may have a legal claim.
  • Partition: Partition is the legal mechanism to divide real property, which is jointly owned. Partition actions are brought when the parties’ relationship, such as a business partnership, has ended and the property is an asset that needs to be divided.

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