Real Property Law

The majority of the firm's cases involve property law, most often in the realm of community associations - condominium associations and HOA's. But that's only the beginning of our real property transaction and litigation practice.

Over the years, we've represented dozens - probably hundreds -- of buyers and sellers of real property, both residential and commercial. Lincoln's practice as a condominium lawyer and HOA lawyer began over 30 years ago, with representation of the many newly formed condominium and homeowners associations (HOAs) in the Deer Valley and Park City areas. Some of our Park City Condominium Association clients have been clients for thirty years, through two different firms.

We've represented both sides of real property transactions in cases when the sales turned out other than as expected, and when they didn't get concluded.

We've represented buyers in getting their earnest money deposits back - most recently a jury verdict well into the "six figures," and we've represented sellers in recovering their earnest money and attorneys fees incurred in pursuing it.

We've litigated to establish and defend against easements related to real property.

We've assisted landlords in collecting rent and, when necessary, evicting their tenants. We've drafted and negotiated many leases - residential and commercial.

We have filed and defended against mechanics' liens, in commercial and residential projects, and we've dealt with the performance issues associated with those proceedings.

The ownership of adjoining properties can create boundary issues, and we have lots of experience in litigating, and in negotiating resolutions to these disputes.