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

Related Articles

Building a Greener Future on Unsolid Ground


by William S. Thomas

As climate change only intensifies, natural disasters are becoming more frequent and shifting how construction legal professionals conduct litigation.

Multi-level house in the process of being built

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

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

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

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

Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa


by Jennifer Verta

Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

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

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

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot

Best Lawyers Celebrates Women in the Law: Ninth Edition


by Alliccia Odeyemi

Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.

Lawyer in green dress stands with hands on table and cityscape in background

The Human Cost


by Justin Smulison

2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability

Worker wearing hat stands in field carrying equipemtn

Beyond the Billables


by Michele M. Jochner

In a recently conducted, comprehensive study, data reveals a plethora of hidden realities that parents working full-time in the legal industry face every day.

Women in business attire pushing stroller takes a phone call