Practice Areas

Real Estate Litigation

Sherin and Lodgen’s Real Estate Litigation Practice has national reach and extraordinary depth of experience. Our seasoned trial lawyers have dedicated their careers to handling the wide variety of increasingly complex issues that arise in the field of real estate. Our team has continually achieved successful results for developers, landowners, contractors, lessors, lessees, and municipal authorities.

Sherin and Lodgen’s Real Estate Litigation team brings together a broad knowledge of real estate law and business practice with well-honed skills in litigation and alternative dispute resolution.

Our team has a wide range of experience with the following:

  • Landlord-tenant issues
  • Real estate tax assessment appeals
  • “Takings” cases
  • Litigation over real estate arising out of bankruptcy proceedings
  • Zoning and land use permitting disputes and appeals
  • Premises Liability
  • Nuisance, Inverse Condemnation and Eminent Domain
  • Fraudulent conveyances
  • Title and property line disputes
  • Adverse possession and easements by prescription
  • Trespass
  • Rights of first refusal
  • Lease disputes
  • Disputes over land purchases (pre- and post- closing)
  • Application of public procurement statutes to real estate transactions
  • Environmental and wetlands disputes
  • Partition matters

Our team has extensive experience representing clients in the following areas:

  • Property and building owners, and abutters
  • Property managers
  • Real estate developers
  • Title insurance companies
  • Landlords
  • Tenants
  • Insureds
  • General contractors
  • Subcontractors
  • Lenders and mortgage companies
  • Real Estate Investment Trusts (REITs)
  • Construction equipment companies
  • Material providers
  • Retail companies

Representative Experience

  • Obtained defense judgment against claim for $4+ million damages arising out of redeveloping a shopping center without required tenant consent.
  • Obtained $1+ million plaintiff’s jury verdict for attorney malpractice in connection with buyout of real estate partnership interest.
  • Obtained plaintiff’s jury verdict setting aside a real estate foreclosure sale.
  • Landmark decision in Massachusetts with respect to acts constituting a nuisance.
  • Obtained judgment allowing abutters to enforce an agricultural preservation restriction.
  • Obtained bench trial verdict in client’s favor in New Hampshire Superior Court on tenant’s claim that shopping center construction project breached a recorded deed of declaration and restrictive covenant. 
  • Obtained bench trial verdict on supermarket client’s behalf in lease dispute involving purported rent restriction.

Practice Area Co-Chairs:  Anthony L. DeProspo, Jr. and John C. La Liberte