More About This Practice

Balch & Bingham possesses top tier trial attorneys, experienced in handling a wide variety of complex real estate litigation involving the purchase, sale, financing, construction, leasing, title, use, and development of real estate. In addition, we have the ability to blend the many disciplines necessary to litigate these matters. We routinely assemble teams involving attorneys in our transactional Real Estate, Natural Resources, Corporate, Banking & Financial Services, Creditors’ Rights and Bankruptcy Practices to meet our clients’ needs. Trained to advocate our clients’ positions relentlessly and effectively, our lawyers have become trusted business advisors who are consulted on a regular basis by many of our clients who demand the very best representation and expect superior client service.

Our experience in adversarial proceedings includes trials before judges and juries as well as alternative dispute resolution forums such as mediation and arbitration. While we favor resolving disputes outside the courtroom, we are fully prepared to try any case in state or federal trial and appellate courts. In every instance, our goal is always the same: to provide the best, most cost-effective service for our clients who include developers, contractors, real estate partnerships, limited partners, joint venturers, lenders, institutional investors, commercial landlords, cooperatives and tenants, and property owners. With attorneys in Alabama, Georgia and Mississippi, we have the experience, expertise and resources to provide effective and efficient resolution to real estate disputes.

 

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  • Adverse Possession and Prescription: Our Real Estate Litigation attorneys assist clients with defending or prosecuting adverse possession claims.

  • Boundary Disputes: When Parties disagree about boundaries, major projects can suffer costly delays. We help resolve our clients' boundary disputes. Condemnation, Eminent Domain: Our firm has a long and successful history of obtaining favorable outcomes on behalf of condemning authorities and landowners.

  • Condominiums: In addition to handling commercial and residential real estate matters, our firm has extensive experience dealing with issues related to condominium law. We regularly handle litigation involving the rights of the board of managers as well as individual unit owners.

  • Construction Litigation: Our construction litigation practice represents owners, developers, sureties, architects, construction managers, contractors and trades. When faced with a complex construction dispute, let our experienced Real Estate Litigation attorneys assist your company.

  • Covenants and Restrictions: We represent developers and homeowners' associations in the enforcement of restrictive covenants.

  • Easements and Encroachments: We have extensive experience resolving easement disputes arising from placement of fences, trees, driveways, alleys, and other property developments in order to avoid costly project delays.

  • Land Use and Development: Our lawyers handle land use matters for developers and individuals throughout Alabama, Georgia and Mississippi, from permit approvals to property transactions; we offer comprehensive, cost-effective legal counsel, and litigation.

  • Landlord/Tenant: We represent landlords, business tenants, and other clients in litigation involving lease termination, evictions, trespass, and other disputes.

  • Mechanic’s Leins Litigation: Whether our client's have had a mechanics lien placed on their property, or as a contractor, need to place a mechanics lien on a property, we can help take the proper steps.

  • Mineral Rights and Mining: We assist our clients negotiate for the right to explore, acquire, and develop properties, or to gain access to properties, including private land and federal lands, in order to conduct mining operations.

  • Mortgages and Foreclosures: Our lawyers handle lender liability litigation relating to foreclosures for our clients who include private investors, public banks, and private financial institutions.

  • Nuisance: We represent plaintiffs and defendants in actions from or against adjacent properties relating to pollution, aesthetics, as well as obtaining and defending against orders awarding injunctive relief based upon nuisance claims.

  • Quiet Title and Ejectment Actions: We have a proven record of assisting clients in establishing title against adverse claims to real property or an interest in the property. Real Estate Transactions, Tax Assessments and Sales: The firm provides general advice and assistance in the development process, including advising on sales and property tax issues, and assisting with business planning.

  • Title Insurance Matters: A number of our attorneys focus significant portions of their practice on providing services to the title insurance and real estate information industry in connection with coverage issues, claims evaluation and litigation, curative title work, defense of first-party and third-party actions, subrogation, flood zone and other certifications, and agency issues.

  • Water and Riparian Rights: We counsel and defend our clients regarding water quality and quantity issues, the Clean Water Act, and riparian rights. Our lawyers are often called upon to provide legal counsel and litigation defense for business clients with these issues.

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