Real estate disputes can put transactions, projects, and long-term investments at risk. Tonkon Torp’s Real Estate Disputes team has substantial experience litigating complex and high stakes real estate disputes through trial and on appeal.
We represent property owners, developers, commercial landlords and tenants, investors, and other interest holders in a wide range of contested real estate matters, combining deep subject-matter knowledge with a practical, results-oriented litigation approach. Whether pursuing early resolution or litigating through trial, we tailor strategies to our clients’ business objectives—balancing risk, cost, and timing to achieve practical outcomes.
Our litigation practice is closely integrated with our Real Estate & Land Use business team, allowing us to draw on transactional insight and regulatory experience to efficiently resolve disputes and protect asset value.
Purchase & Sale Contract Disputes
We handle disputes involving land sale contracts, including actions for specific performance, failed closings, earnest money disputes, and claims arising from alleged nondisclosure or breach of contractual obligations.
Title, Boundary, & Property Rights Disputes
Our attorneys regularly handle disputes involving boundary issues, encroachments, adverse possession, timber trespass, easements, partition, and quiet title actions. We help clients resolve ownership and access issues decisively to restore certainty and marketability.
Commercial Leasing Disputes & Evictions
We represent landlords and tenants in disputes involving commercial leases, including rent and operating expense disputes, defaults, lease interpretation issues, assignment and subletting conflicts, and eviction or ejectment proceedings. Our goal is to resolve disputes efficiently while preserving business relationships and minimizing operational disruption.
Foreclosures, Liens, & Condemnation Proceedings
We represent clients in certain commercial foreclosure and lien disputes and have experience in condemnation and eminent domain proceedings. Our work includes protecting property rights, challenging valuation, and navigating procedural complexities.
Construction & Development Disputes
We litigate construction-related disputes arising from development and public works projects, including construction contract and payment disputes, delay claims, and construction lien and bond claims.
Regulatory & Land Use Disputes
In addition to helping clients navigate complex state and local land use laws, we litigate and defend land use approvals in court and at the Land Use Board of Appeals. Where local or state regulations directly affect business activity, we regularly represent companies in constitutional challenges, including under the Commerce, Due Process, and Takings Clauses, both at trial and on appeal.
Real Property Tax Appeals
We represent property owners in real property tax appeals and have particular experience involving industrial properties assessed by the State of Oregon. We challenge assessments at the administrative and judicial levels, analyze valuation methodologies, and work with appraisers and other experts to ensure fair and accurate tax treatment.
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Representative Matters
Warranty Deed Claims
Litigated warranty deed claims against national mortgage lender on behalf of real estate investor who purchased single family home that had been subjected to faulty foreclosure. Briefed and argued winning summary judgment motion on issue of liability. Negotiated a settlement for damages before trial.
Adverse Possession Claim
Brought adverse possession claim, negotiated sale of the disputed strip and surrounding land for appraised value plus a premium in day-of-trial judicial settlement conference.
Real Estate and Construction Litigation
Defending regional port authority in construction contract dispute arising from an airport paving project, including securing dismissal of a seven-figure pass through claim improperly brought by a subcontractor.
Representing architecture firm in commercial lease litigation arising from landlord’s failure to furnish heating and air conditioning in a Portland office building.
Defending general contractor and its affiliates in a construction contract dispute arising from the development of two apartment complexes in North Portland, including securing the dismissal of a claim for individual liability against client’s chief executive.
Representing government contractor in dispute with regional airport over lease renewal.
Representing municipal government in prescriptive easement litigation concerning underground city utilities.
Lead attorney in multi-day bench trial concerning the partition of residential property, securing favorable rulings on all disputed issues, favorable settlement, and award of attorney fees in connection with motion to compel.
Represented commercial tenant in three-day arbitration hearing concerning alleged lease defaults, securing favorable rulings on all claims and six-figure attorney fee award.
Represented local government in breach of contract dispute concerning the public construction of a wastewater facility, securing complete summary judgment on all claims.
Defended building owner and commercial tenants in land use covenant litigation involving a 30-story office tower, securing partial summary judgment and voluntary dismissal of all claims.
Represented construction management firm in mechanics lien litigation, securing dismissal of series of cross-claims for injunctive relief, declaratory relief, and damages, as well as favorable resolution of lien claim.
Represented school district in negligence action against design professional firm, securing favorable settlement at mediation.
Represented homeowner in breach of contract and unfair trade practices lawsuit against contractor, securing full damages and attorney fees.
Represented homeowner in residential timber trespass dispute, negotiating pre-litigation settlement that recovered six-figure payment and client’s attorney fees.
As lead attorney in probate trial, obtained directed verdict against claims arising from a disputed option agreement to purchase a residential property.
Defended local government’s land use decision in mandamus proceeding, securing dismissal with prejudice after evidentiary hearing.
Represented heavy equipment company in breach of contract litigation arising from the construction of a hospital, helping secure Ninth Circuit reversal of an adverse trial court decision and favorable settlement after substituting in as counsel.
Represented trustee and personal representative of estate in contested show cause hearings, obtaining orders striking invalid lis pendens, damages award, and award of attorney fees.
Obtained favorable settlement for seller of residential property against seven-figure claims for breach of contract and specific performance.
Prosecuted fraud and failure to disclose claims against seller of residential property and seller’s realtor, obtaining highly favorable settlement at confidential mediation.
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We encourage you to contact us if you have further questions about our firm or our experience. For your protection, we cannot represent you until we know that doing so will not create a conflict of interest. Accordingly, please do not send us any confidential or secret information about any matter that may involve you until you receive a written statement from us that we represent you (an engagement letter).
If after browsing this web site you are unsure which lawyer you should contact, please call us at 503.221.1440.