Commercial real estate investments represent significant financial commitments, and when disputes arise they can threaten both the underlying asset and the relationships that make the deal work. Nebraska's commercial real estate market has grown substantially in recent years, and with that growth comes an increasing number of legal conflicts involving landlords, tenants, buyers, sellers, lenders, and developers. Understanding the most common types of disputes and how Nebraska law addresses them can help investors and property owners respond effectively when problems arise.
Landlord-Tenant Disputes
Commercial lease disputes are among the most frequent sources of real estate litigation in Nebraska. Unlike residential tenancies, commercial leases are heavily negotiated and can span hundreds of pages of contractual obligations. Common disputes include:
Purchase and Sale Disputes
Commercial real estate transactions involve substantial sums and complex due diligence processes. Disputes commonly arise when:
In commercial real estate, the difference between a good outcome and a costly dispute often comes down to how carefully the contracts were drafted and reviewed before closing. Prevention is always cheaper than litigation.
Construction and Development Disputes
Commercial development projects are particularly prone to disputes given their complexity and the number of parties involved. Disputes between owners and contractors, among subcontractors, and between developers and municipalities over permitting and zoning are all common. Nebraska's construction lien law, found at Neb. Rev. Stat. ยงยง 52-101 et seq., gives contractors and subcontractors the right to place a lien on property for unpaid work. Understanding and properly navigating lien rights is important for both property owners and contractors.
Boundary and Easement Disputes
Disputes over property boundaries, easements, and rights of access can affect the usability and value of commercial property. Nebraska courts resolve these disputes by examining deeds, surveys, recorded easements, and the history of how the land has been used. Boundary disputes that are left unresolved can cloud title and make financing and future sales difficult.
Resolving Commercial Real Estate Disputes
Commercial real estate disputes can be resolved through negotiation and settlement, mediation, arbitration (if required by contract), or litigation in Nebraska courts. Each method has tradeoffs. Litigation provides the ability to enforce rights through court orders and is sometimes the only option when the other party is unwilling to negotiate. However, it is typically the most time-consuming and expensive path.
Many commercial leases and purchase agreements include arbitration or mediation clauses that require or encourage alternative dispute resolution before litigation can proceed. Understanding the dispute resolution provisions in your contracts is an important first step when a conflict arises.
The attorneys at Horgan Law Firm represent landlords, tenants, buyers, sellers, developers, and investors in commercial real estate disputes throughout Nebraska. Contact us to discuss your situation and explore your legal options.
