Adam Leitman Bailey, P.C. Resolves an Intricate Easement Dispute, Enabling Client to Pursue Construction Project

Adam Leitman Bailey, P.C. Resolves an Intricate Easement Dispute, Enabling Client to Pursue Construction Project

Adam Leitman Bailey

Adam Leitman Bailey

January 5, 2022 12:39 PM

In the midst of a complicated easement dispute, a real estate developer and holding company enlisted the expertise of Adam Leitman Bailey, P.C., who ultimately rescued their development project by clearing out all underlying litigation conflicts.

A real estate developer had recently purchased a property on which they planned to develop affordable housing, a project that would undoubtedly stimulate the surrounding community. The developer was seeking to sell part of the land they purchased, but in order to do so, they needed to prove that they had no pending litigation. Unfortunately, the client was in the midst of a property and easement dispute with the business next door, a nursing home.

Understanding that they required expert representation who could handle their matter in a timely manner, the real estate developer turned to Adam Leitman Bailey, P.C. As always, the attorneys at Adam Leitman Bailey, P.C. deliberately stepped into the matter, knowing that the future of their client’s project was contingent upon their handling of this case, and got to work.

Underlying Easement Dispute:

The neighboring property of Adam Leitman Bailey, P.C.’s client, a nursing home, posited that they had the rightful claim to portions of the client’s property due to their continued use of such. At the beginning of construction, the defendant (Adam Leitman Bailey, P.C.’s client) had agreed to allow the nursing home staff and visitors to utilize their parking lot for additional parking when needed.

After nine months of use, the plaintiff requested a “cash consideration,” in order to proceed with the arrangement. Knowing that they would never pay this bogus request, the defendant refused and revoked their offer to share parking.

With their additional parking revoked, the plaintiff then removed a fence that sat on the dividing property lines so that they could develop a new parking lot. The plaintiff then demanded the defendant build a new one. While looking into this, the defendant discovered that the plaintiff had installed two metal containers on the client’s property – utilized during the construction of their new parking lot – that impeded the progression of the client’s construction project. The client never approved the installation of these containers.

At this point, it was clear to the attorneys at Adam Leitman Bailey, P.C. that the plaintiff was doing everything they could to delay the defendant’s construction of affordable housing. Having dealt with countless adversaries like this plaintiff, Adam Leitman Bailey, P.C. recognized that the only way to emerge successful was to apply pressure through strategically aggressive litigation; Adam Leitman Bailey, P.C. knew the plaintiff would fold if they applied pressure.

Adam Leitman Bailey, P.C. attorneys, in conjunction with the client, sent the plaintiff a letter requesting to remove the containers noting that they were never approved. Unsurprisingly, the letter was ignored – exposing the adversary’s hand. From here, Adam Leitman Bailey, P.C., armed with the ammunition to finish this case once and for all, brought this information to the court.

Adam Leitman Bailey, P.C., along with the client, emerged victorious, securing a win and providing their client with the needed results to green light their next endeavor.

Original Article

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