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Real Estate Litigation

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Sugarman Rogers has decades of experience representing stakeholders in complex real estate litigation. The breadth of our practice encompasses disputes involving commercial leases, local zoning, development-related permitting, facility siting, condominium issues, design and construction claims, brokerage claims, tittle issues, valuation disputes, and a broad range of other issues arising out of real estate transactions, property development, and land use regulation.

Our clients include developers, owners, managers, investors, buyers, and sellers of commercial, industrial, mixed use, and residential properties. In addition to representing a range of business clients, we handle complex real estate disputes for public authorities, municipalities, schools and universities, land conservation groups, and other non-profit organizations.

We are recognized as trial and appellate lawyers of the highest caliber. But our clients also value our ability to understand their objectives and, where appropriate, resolve disputes outside the courtroom. In each case, we collaborate with our clients to develop strategies tailored to achieve their specific goals.

Representative Capabilities

Zoning Litigation
On behalf of property owners and developers, as well as other impacted parties, we have successfully handled many appeals from decisions by zoning boards, planning boards, and special permitting authorities on proposed development projects. Our experience includes disputes under the Boston Zoning Enabling Act as well as under Chapter 40A, the statute governing zoning for all other Massachusetts cities and towns.

Dover Amendment
We have experience in litigating on both sides of Dover Amendment disputes, defending projects that are protected by the statute, and challenging developments that the statute may not immunize from local zoning.

Commercial Lease Disputes
We have extensive experience in commercial lease disputes involving a wide range of issues and claims, including those related to indemnity provisions, options and rights of first refusal, security, evictions, specific performance, rent collection, money damages, and attorneys’ fees.

Facility Site Assignments
We represent clients in energy, solid waste, and other facility site assignment hearings, and other regulatory proceedings before boards, commissions, and public agencies.

Condominium Litigation
We are experienced in pursuing and resolving disputes involving condominiums, including design and construction defect claims, claims involving the implied warranty of habitability, and common area disputes.

Purchase and Sale Agreements, Options, and Rights of First Refusal
We have considerable experience in cases involving purchase and sale agreements that did not result in closings, and disputed exercises of options and rights of first refusal.

Property Valuation and Eminent Domain
We have handled property valuation disputes in a variety of contexts.  We are familiar not only with various federal, state and local eminent domain powers, but also with the eminent domain powers of numerous Massachusetts agencies and public authorities.

Adverse Possession and Prescriptive Easements
Our experience includes the pursuit and defense of claims of adverse possession and prescriptive easements, on behalf of a broad range of clients with interests in very different kinds of properties.

We have handled numerous easement disputes, including matters that have gone to trial and appeal. In one noteworthy case, we prevailed for our client at trial and on appeal, securing a judgment that confirmed the extinguishment of an access easement which burdened our client’s registered land, based on the defendant’s actual knowledge of a settlement involving the release of the easement which had not yet been made a matter of record.

Restrictive Covenants and Other Land Use Restrictions
We represent clients in actions to enforce private restrictive covenants and statutory conservation, agricultural, or recreational land use restrictions. We have litigated these issues at the trial court level in both the Land Court and the Superior Court, as well as on appeal.

Registered Land
Our attorneys are familiar with the unique aspects and requirements of litigation involving registered land, and have litigated cases where the distinctions between registered and unregistered land were of particular importance.

Real Estate Malpractice Claims
We have extensive experience in handling professional liability claims arising from real estate matters, such as claims involving negligent certifications of title, failure to research zoning regulations, failure to register security interests, and negligent preparation of loan documents.

Design and Construction Disputes
We have represented developers, contractors, and property owners in an array of design and construction disputes. Our attorneys have successfully resolved design and construction cases at trial, on appeal, and in arbitrations and mediations.

Real Estate Brokerage Claims
We have experience in cases involving disputed claims to brokerage commissions in connection with substantial commercial real estate transactions.

Title Insurance Claims
On behalf of title insurance companies, our attorneys have successfully handled numerous title insurance claims and related bad-faith insurance practices disputes, both in the courts and in mediations.

Real Estate-Related Contract Disputes and Business Torts
We have successfully represented clients in a wide range of contract disputes, tort claims, and statutory actions concerning real estate interests.  These include claims for breach of the implied covenant of good faith and fair dealing, claims for tortious interference with contract, claims of nuisance and trespass, and claims for unfair or deceptive business practices under Chapter 93A, among many others.