Real Estate Litigation

When a dispute arises as to the ownership, occupancy or use of Real Estate, the matters being contested require special knowledge, experience and skills from the attorneys handling the matter. The Law Office of Michael D. Mirne, L.L.C. has handled a variety of matters involving ejectments, partition suits, and boundary disputes.

• Ejectments – Ejectment actions are often confused with eviction actions. The primary difference is that an ejectment action does not involve a landlord tenant relationship. Very often, the inhabitant that is being removed may be paying the utilities or taxes for the premises, but has not been paying rent, and is therefore, not protected by the anti-eviction act. Ejectment actions usually are not commenced until the property owner decides that it is time to either sell the property or to move back into the property. Once this decision is made, the person who had been residing in the premises may not want to leave. Since it is very often the case that ejectment actions involve a removal of family member, these matters can become very contentious if not handled properly. Our office understands your need to have your unauthorized occupants removed so you can get back possession of your property. We have handled several ejectment actions and we are highly successful at having unauthorized occupants removed.
• Partition Suits – The Partition Suit involves a situation where two or more investors purchased real estate together, and then a dispute had arisen regarding the way the property is to be managed. When an amicable resolution cannot be reached, a partition action is the last resort. This involves requesting that the Court order a sale of the property to allow the investors to go their separate ways. These actions are tried in the Chancery Division of the Superior Court before a single Judge who carefully reviews the facts and renders a decision. While the facts necessary to obtain a partition action are relatively easy to prove, we find that most of these types of matters are settled prior to trial.
• Boundary Dispute Litigation – The Boundary Dispute is one of the first types of cases heard by the American Courts. Despite the best efforts of surveyors and title companies, these disputes unfortunately continue to arise. Our staff routinely works with several title companies and surveyors who can provide expert testimony in your matters in the event that you and a neighbor are unable to agree on the boundaries of your property.