Real Estate Litigation

At Nowland Law, Attorney Thomas F. Nowland and his team of attorneys have represented virtually hundreds of companies and businesses of all sizes and in varying industries. These years of experience have taught us that each business has it’s own unique needs and considerations when dealing with business litigation. We strive to work with a business to achieve a desirable outcome

Case Study:  Real Estate Litigation – Easement Dispute

San Diego Superior Court
Result – Settlement In Client’s Favor Before Trial

An easement is a non-possessory right of use and/or entry onto the real property of another without possessing it.

Our client in this case is a land owner in rural northern San Diego County.  For years the small one lane road on our client’s land was used by twenty other land owners for ingress and egress to their respective properties.  In recent years, some of the up road landowners were developing their properties for commercial purposes.

The Dispute

This caused increased use and over burdening of the easement on our client’s property.  More and more, our client was experiencing increased semi tractor trailer and other traffic which was causing the asphalt road to deteriorate.  Damage to the property was occurring and the increased traffic was causing a nuisance related to noise, dust, traffic accidents, and angry motorists.

The Resolution

Successful business litigation does not always mean taking a case to court. It could mean negotiating settlements, arbitration, or other arrangements. We will learn about your business goals and case details to assess what the most favorable outcome for you is. We will then pursue that outcome aggressively.

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