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Practices

Real Estate and Title Insurance Litigation

Brouse McDowell represents owners, developers, investors, lenders, borrowers, and businesses in industrial, commercial, residential, and public improvement projects and transactions, providing legal counsel, practical guidance, and extensive experience in navigating all stages of a real estate transaction.  When conflicts or disputes arise, our real estate lawyers employ litigation and non-litigation alternative dispute resolution remedies and procedures to formulate solutions.  Brouse McDowell is experienced in all matters concerning real estate.

Our attorneys represent clients in matters of zoning and rezoning, conditional use permits, variances, and land use development, and appear regularly before the administrative bodies of local political subdivisions.  Brouse McDowell currently represents four national title insurance companies and their insureds in various matters involving title claim defense and prosecution, including claims brought against the companies and their insureds.  Our attorneys defend claims which relate to chain-of-title or may arise from closing protection letters.  As multi-state claims defense counsel, the firm investigates agent defalcation, initiates recovery proceedings, responds to claims arising from the current sub-prime mortgage lending crises, and defends claims asserted under closing protection letters.

Our eminent domain experience offers consultation and advice before litigation ensues, tapping consulting experts to perform property analysis for settlement negotiations, mediation, trial and appellate proceedings as appropriate.  Our attorneys, to protect their clients’ interests, maintain a ready network of other professionals such as appraisers, land planners, and engineers, and collectively target those resources to defend public takings or maximize the award from the condemning authority.  Brouse McDowell proactively counsels and provides both practical and technical advice concerning commercial lease administration and enforcement.

We have a depth and breadth of litigation experience, including the following matters:

  • Boundary Disputes
  • Breach of Contract
  • Construction Litigation
  • Development and Land Use
  • Easements
  • Eminent Domain
  • Forcible Entry and Detainer (Evictions)
  • Foreclosures
  • Land use, Planning, Zoning, and Development
  • Lease Disputes
  • Mechanics’ Liens
  • Purchase Disputes
  • Real Estate Fraud Claims
  • Slander of Title
  • Title Insurance Claims and Defense
  • Variance Issues
  • All matters concerning real estate