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:

  • Adverse possession and easements by prescription
  • Application of public procurement statutes to real estate transactions
  • Disputes over land purchases (pre- and post- closing)
  • Environmental and wetlands disputes
  • Lease disputes
  • Litigation over real estate arising out of bankruptcy proceedings
  • Premises Liability
  • Rights of first refusal and first offer
  • Real estate tax disputes, including disputes over valuation and exemption from tax
  • “Takings” cases, inverse condemnation and eminent domain
  • Title, easement, use restriction and property line disputes
  • Trespass and nuisance
  • Zoning and land use permitting disputes and appeals
  • Disputes over application of zoning protections for educational and religious uses
  • Disputes over municipal historic district and demolition delay ordinances and bylaws
  • 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.
  • Obtained a judgment enforcing a right of first refusal to purchase real estate.
  • Obtained bench trial decision in client’s favor interpreting a right of first refusal in a commercial lease.
  • Obtained bench trial decision in client’s favor relocating an easement.
  • Obtained bench trial decision in client’s favor in a dispute between surveyors as to the true location of a property line.
  • Obtained appellate decision invalidating application of local zoning to client’s proposed religious use of real estate for a cemetery.
  • Landmark decision in Massachusetts with respect to acts constituting a nuisance.
  • Obtained judgment allowing abutters to enforce an agricultural preservation restriction.
  • Obtained bench trial decision 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 decision on supermarket client’s behalf in lease dispute involving purported rent restriction.

Commercial Leases and Frustration of Purpose, Impossibility Defenses: Strategies for Landlords and Tenants

By Sherin and Lodgen on April 23, 2021
commercial lease paper on desk with pen, glasses, and cash
Joshua M. Bowman, chair of the firm's Hospitality Practice Group, served as a panelist at Strafford Publication's April 15th webinar,...

Mass. Court Grants Rent Relief to Restaurant Tenant Shut Down by COVID-19 Orders

By Edward M. Bloom on February 18, 2021
sign reading "Closed Coronavirus" on a storefront window
During the COVID-19 pandemic, many retail tenants have been affected by governmental orders prohibiting or limiting their business operations. Tenants...

Mass. Court Grants Rent Relief to Restaurant Tenant Shut Down by COVID-19 Orders

By Edward M. Bloom on February 18, 2021
Sign on a shop window that reads "Closed Coronavirus"
During the COVID-19 pandemic, many retail tenants have been affected by governmental orders prohibiting or limiting their business operations. Tenants...

When a Municipality Establishes Title by Adverse Possession, That is Not a Taking

By Sander A. Rikleen and Amy L. Hahn on April 18, 2020
real estate law books and gavel
A recent Massachusetts Supreme Judicial Court (“SJC”) decision highlighted the distinction between establishing rights in real estate by adverse possession...

SJC Announces Outcome Prior to Decision, Reverses Appeals Court Decision, and Upholds Dismissal of a Zoning Appeal for Lack of Standing

By Sander A. Rikleen and Amy L. Hahn on March 11, 2020
gavel and scales of justice
The threshold question in many land use appeals is whether the appealing party has standing to object to the action...