Insight

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

Trending Articles

Presenting The Best Lawyers in Australia™ 2025


by Best Lawyers

Best Lawyers is proud to present The Best Lawyers in Australia for 2025, marking the 17th consecutive year of Best Lawyers awards in Australia.

Australia flag over outline of country

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

Announcing The Best Lawyers in New Zealand™ 2025 Awards


by Best Lawyers

Best Lawyers is announcing the 16th edition of The Best Lawyers in New Zealand for 2025, including individual Best Lawyers and "Lawyer of the Year" awards.

New Zealand flag over image of country outline

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Announcing The Best Lawyers in Japan™ 2025


by Best Lawyers

For a milestone 15th edition, Best Lawyers is proud to announce The Best Lawyers in Japan.

Japan flag over outline of country

The Best Lawyers in Singapore™ 2025 Edition


by Best Lawyers

For 2025, Best Lawyers presents the most esteemed awards for lawyers and law firms in Singapore.

Singapore flag over outline of country

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

How Much Is a Lawyer Consultation Fee?


by Best Lawyers

Best Lawyers breaks down the key differences between consultation and retainer fees when hiring an attorney, a crucial first step in the legal process.

Client consulting with lawyer wearing a suit

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Presenting the 2024 Best Lawyers Employment and Workers’ Compensation Legal Guide


by Best Lawyers

The 2024 Best Lawyers Employment and Workers' Compensation Legal Guide provides exclusive access to all Best Lawyers awards in related practice areas. Read below and explore the legal guide.

Illustration of several men and women in shades of orange and teal

Things to Do Before a Car Accident Happens to You


by Ellie Shaffer

In a car accident, certain things are beyond the point of no return, while some are well within an individual's control. Here's how to stay legally prepared.

Car dashcam recording street ahead

Combating Nuclear Verdicts: Empirically Supported Strategies to Deflate the Effects of Anchoring Bias


by Sloan L. Abernathy

Sometimes a verdict can be the difference between amicability and nuclear level developments. But what is anchoring bias and how can strategy combat this?

Lawyer speaking in courtroom with crowd and judge in the foreground

The Push and Pitfalls of New York’s Attempt to Expand Wrongful Death Recovery


by Elizabeth M. Midgley and V. Christopher Potenza

The New York State Legislature recently went about updating certain wrongful death provisions and how they can be carried out in the future. Here's the latest.

Red tape blocking off a section of street

Attacked From All Sides: What Is Happening in the World of Restrictive Covenants?


by Christine Bestor Townsend

One employment lawyer explains how companies can navigate challenges of federal and state governmental scrutiny on restrictive covenant agreements.

Illustration of two men pulling on string with blue door between them