Marin County Neighbor Disputes & Real Estate Litigation
Nearly 100 years ago, the poet Robert Frost coined the phrase, “Good fences make good neighbors.” Unfortunately, fences are not always located on true property lines. Fence disputes, landslide disputes, easement litigation, quiet title actions, and tree disputes are all examples of Marin County neighbor lawsuits handled by Epstein Law Firm. Neighborhood disputes can become quite emotional and toxic, and occasionally may involve civil harassment petitions.
With a comprehensive background in real estate law, Rob Epstein has many years of experience in handling neighbor disputes. Rob also has handled numerous cases involving real estate purchase and sales disputes and other real property litigation. He has represented clients regarding real estate issues throughout all areas of Marin County and beyond.The following are some examples of real estate cases handled by Epstein Law Firm:
- After 10 years of litigation including a prior settlement and a later court trial, the firm assisted a homeowner in achieving a settlement agreement with her neighbors and their insurance company to facilitate a substantial landslide repair.
- The firm prevailed in a bitterly contested court trial between adjoining neighbors, resulting in the firm’s clients quieting title to a permanent landscaping easement.
- In partnership with another local firm, Epstein Law Firm represented plaintiffs in an inverse condemnation action that resulted in a court trial victory on liability and a subsequent $2 million settlement for the firm’s clients.
- The firm successfully obtained quiet title to various alleys and easements for two adjoining neighbors, which resolved a conflict with several other neighbors.
- The firm’s clients obtained water for their West Marin home from a well located on their neighbor’s property. A landslide broke the pipe to the well, terminating the clients’ water delivery and requiring the firm to initiate a nuisance abatement action. The case settled shortly before trial with a settlement that included a new easement to facilitate the relocation of the water pipe.
- Access to a proposed hotel/retail development was unavailable due to a title error made more than 20 years ago. The firm successfully obtained quiet title to the property, enabling the development to proceed.
- In another quiet title action, the firm successfully assisted a Larkspur couple who required a court judgment in order to proceed with the construction of their new home.
- Neighbor opposition disrupted a complex residential remodeling project located in the Town of Ross. The firm successfully assisted the homeowners in achieving a peaceful resolution and Town approval so that the project could proceed.
- A Kent Woodlands homeowner required the firm’s assistance when his neighbors unlawfully demolished a large retaining wall and attempted to begin construction of an unpermitted wall. The County later required that the new construction adhere to design requirements.
- Rob’s client prevailed in a court trial involving liability for a Marin County landslide that occurred on residential property. The court granted a permanent injunction for Rob’s client against defendants.
- In a court trial conducted in Marin County, Rob’s clients obtained a judgment requiring the re-location of a fence that encroached on their property, and awarding punitive damages against defendant for her conduct in poisoning a tree located on plaintiffs’ property.
- Rob has been appointed on several occasions to serve as a special trustee to sell residential real estate in Marin and San Francisco in cases where estate beneficiaries have been unable to agree upon sales conditions.
- City of Novato residents were plagued by a neighbor who was subjecting them to a continuing course of harassing conduct. Rob’s assistance was requested, and he represented the couple at a hearing in which the Court ordered a permanent restraining order against the neighbor. Rob has represented clients in numerous restraining order proceedings of a similar nature.
- After selling their East Bay apartment building, a mother and her daughter were the subject of a missing persons conservatorship proceeding that led to (1) a contract rescission action being filed against Rob’s clients, the buyers of the building; and (2) a title insurance dispute. After substantial discovery, including a deposition of one of the conservatees in Oregon, the parties reached a settlement agreement.
- In a nuisance abatement court trial in which Rob represented a city, the court entered a six figure judgment against a homeowner who had been engaged in construction of a residence for more than 15 years.
- In an inverse condemnation action that Rob’s client filed against a city, Rob’s client was successfully in obtaining the city’s retraction of a condition that it had imposed that had prevented development of the client’s residential property.
- A petition for write of administrative mandate led to an appeal that Rob argued before
the 1st District Court of Appeal. That court affirmed the trial court’s ruling which enabled Rob’s client to proceed with construction of a multi-million dollar residence located
in Marin County.