Real Estate Litigation

Our real estate team includes litigators who have handled both residential and commercial real estate transactions, and some have been trained to examine real estate titles. We believe this gives our real estate litigators relevant perspective.

The firm represents homeowners, developers, lenders, governments, and other entities in litigating real estate issues that include:

  • Title Insurance: Our attorneys are experienced in handling title insurance claims, which is discussed in detail in our description of Callison Tighe’s Title Insurance Litigation Practice Group.

  • Mortgage Foreclosures: Callison Tighe represents national and regional lenders and investors in foreclosure matters across South Carolina. For more information, please consult our Foreclosure Practice Area page.

  • Real Estate Contract Disputes: We assist clients in cases involving breach of real estate contracts, specific performance of real estate contracts, options, rights of first refusal, and real estate commissions.

  • Adverse Possession: Members of our firm have prosecuted or defended adverse possession cases, including cases involving 10-year statutory adverse possession, 20-year common-law presumption of a grant, and the 40-year lapse statute.

  • Boundary Disputes: Callison Tighe’s lawyers assist clients in boundary line dispute cases involving residential and commercial property, including matters involving encroachments and projections.

  • Covenants and Restrictions: The firm represents owners, developers, and homeowners associations in cases concerning the enforcement of covenants and restrictions.

  • Easements and Access: Callison Tighe has experience in handling cases involving easements. These cases include the enforcement of express easement rights and establishing access to land through claims of prescriptive easements, implied easements, and easements by pre-existing use.

  • Landlord/Tenant: The firm has represented commercial landlords and tenants in litigation concerning lease disputes, including evictions, lease termination issues, and collection of rent due on commercial leases.

  • Mechanic’s Liens: Our attorneys assist clients in placing mechanic’s liens on property and perfecting the mechanic’s lien by the filing of an action to enforce it. The firm also defends such cases.

  • Partition: Disputes often arise, when two or more co-tenants jointly own real estate, regarding whether and how the property should be divided and sold. The firm defends and prosecutes partition actions.

  • Quiet Title: We assist clients who need to quiet title to their property through the filing of the appropriate litigation to clear clouds on title and title defects.

  • Tax Sales: In South Carolina, the tax sale process requires the governmental entity to comply strictly with the statutory framework. Our attorneys have experience dealing with matters involving tax sales. We represent owners, lenders, and tax sale purchasers in cases either seeking to confirm or set aside tax sales.

  • Lien Priority Disputes: We represent lenders and other lienholders in disputes involving the competing priority of interests in real estate. This is the most common form of title insurance claim, and our lawyers have experience resolving these issues through either negotiation or litigation.

  • Title Reformation Actions: It is not unusual for mistakes in a legal description to occur. In these situations, it is necessary to retain experienced litigators to determine exactly the nature of the defect and to file the appropriate action. With its experience in title defect litigation, Callison Tighe is suited to reform the legal instruments that affect property.

Disclaimer
This description of Callison Tighe's services, experiences, or results in previous litigation or regarding specific clients for information purposes only and does not constitute representations or guarantees to other clients or prospective clients that the same or similar results may be achieved. The results and strategy for each case or matter is dependent on the facts and legal circumstances of that case.