Maryland Outside Counsel: Stop Real Estate Disputes Now

Why outside counsel for Maryland real estate?

Real estate in Maryland touches multiple regimes at once: state statutes, county and municipal codes, zoning overlays, environmental rules, common-law property and contract principles, and court rules that govern how disputes unfold. Outside counsel gives you a single point of accountability to integrate these moving parts, pressure-test risk, and act quickly when a disagreement threatens your timeline or valuation. Maryland courts generally enforce clear contractual terms, including notice and cure provisions, and parties must comply with the Maryland Rules of procedure.

Common Maryland real estate disputes we handle

• Purchase and sale disagreements: earnest money escrows, title defects, boundary and easement conflicts, and failure-to-close disputes.
• Commercial leasing conflicts: CAM reconciliations, build-out/delivery delays, assignment and subletting, use and exclusivity clauses, and default/eviction proceedings.
• Construction and development issues: payment disputes, change orders, delay and defect claims, mechanics’ lien strategy, and permit/entitlement challenges.
• Condominium and HOA matters: enforcement actions, governing document interpretation, common-element responsibilities, and reserve/assessment disputes.
• Financing and security interests: workout negotiations, deeds of trust enforcement, foreclosure defense or prosecution, and receivership.
• Title, survey, and boundary: quiet title actions, adverse possession and prescriptive easements, and riparian rights questions.
• Land use and zoning: special exceptions, variances, site plan approvals, and appeals from local boards.

Pre-dispute risk management

• Deal structuring and term sheets aligned with Maryland contract principles.
• Diligence checklists: title, survey, UCC, environmental, zoning and permitting, and HOA/condo documents.
• Lease playbooks: allocation of operating expenses, force majeure, casualty/condemnation, and default remedies that are enforceable under Maryland law.
• Lien and pay-when-paid/pay-if-paid clauses drafted to comport with Maryland’s mechanics’ lien and contract rules (Real Property Title 9).
• Notice and cure protocols engineered to preserve claims and defenses under Maryland procedural requirements (Maryland Rules).
• Training for asset managers and project teams on documentation, evidence preservation, and escalation pathways.

Fast action when a dispute arises

• Early case assessment to quantify exposure, litigation posture, and business objectives.
• Demand letters and standstill agreements that preserve leverage while exploring resolution.
• Targeted discovery plans and protective orders to safeguard sensitive financials and tenancy data.
• Alternative dispute resolution: mediation and arbitration strategy tailored to contract clauses and local practice.
• Court action where needed: injunctions, declaratory judgments, quiet title, lien foreclosure, and appeals (Maryland Rules; Maryland Circuit Courts).
• Parallel workstreams: title curatives, entitlement fixes, lender communications, and insurance notices.

Mechanics’ liens in Maryland: protect payment and project timelines

Construction payment conflicts can quickly jeopardize a project. Maryland’s mechanics’ lien framework provides a remedy for qualifying labor and materials furnished to improve real property, but success depends on strict compliance with statutory prerequisites and timing that can vary by role, project type, and county practice. We assess lien eligibility, preserve lien rights with contract and notice language, prepare or defend lien petitions, and coordinate bond or escrow alternatives to keep work moving. See Md. Code, Real Property, Title 9 (Mechanics’ Liens), including subcontractor notice requirements (§ 9-104) and filing timelines to establish a lien (§ 9-109).

Leasing disputes without derailment

Commercial leasing disagreements often turn on definitions and accounting: when delivery occurs, whether a condition precedent was met, how operating expenses are calculated, and what constitutes a default. We audit lease language, ledgers, and estoppels; plan compliant notices; and seek business-focused outcomes—rent relief, extensions, surrender agreements, or targeted litigation—while preserving lender and investor requirements.

Title and boundary problem-solving

From unreleased deeds of trust and missing heirs to survey encroachments and access rights, title issues demand practical cures. We coordinate with title insurers, underwrite endorsements, negotiate easements and license agreements, and pursue quiet title or declaratory actions where necessary.

Land use and local approvals

Maryland is heavily local in its zoning and subdivision administration. We engage early with planning staff, boards, and neighbors; map approval pathways; and prepare the record for potential appeals. For projects facing opposition or conditions, we craft mitigation strategies and development agreements that can survive scrutiny. Local zoning authority and processes are established by the Land Use Article, with county and municipal boards of appeals (§ 4-301) and judicial review procedures (§ 4-401).

Resolution pathways that fit your business

• Preventive counseling and document refreshes to de-risk portfolios.
• Negotiated resolutions that maintain relationships and cash flow.
• ADR to control cost and privacy.
• Litigation where leverage or precedent matters.
• Post-resolution monitoring to ensure compliance and avoid repeat disputes.

Who we serve

• Developers and owners across asset classes (industrial, multifamily, office, retail, mixed-use, hospitality).
• Lenders, servicers, and special servicers.
• General contractors, subcontractors, suppliers, and design professionals.
• Property managers, REITs, family offices, and proptech platforms.

What to do now

• If you sense a deal or project slipping, escalate early—documents and notices often decide outcomes in Maryland.
• Centralize contracts, change orders, emails, pay apps, ledgers, and site photos.
• Avoid informal amendments that undercut remedies; route negotiations through counsel.
• Contact our Maryland real estate dispute team to assess options and stabilize your position.

Talk to our Maryland real estate disputes team to get started.

FAQs

• Can we recover attorney’s fees in a Maryland real estate dispute? It depends on the contract, statute, and claim type. Maryland generally follows the American Rule, so fee shifting usually requires a contract or statute. See, e.g., Nova Research, Inc. v. Penske Truck Leasing Co., 405 Md. 435, 954 A.2d 275 (2008); Friolo v. Frankel, 373 Md. 501, 819 A.2d 354 (2003); and Maryland Rule 1-341 (bad-faith/lack-of-substantial-justification exception).
• Do we need to mediate before filing suit? Some contracts require mediation or arbitration as a condition precedent. We review and enforce the dispute-resolution clause that applies.
• Are mechanics’ lien rights available on tenant build-outs? Potentially, but eligibility turns on the nature of the work, ownership interests, and statutory compliance. See Real Property Title 9.
• How fast can we get an injunction to stop interference with property rights? Timelines vary based on court scheduling, evidentiary showings, and local practice under the Maryland Rules.

Key Maryland sources

• Md. Code, Real Property, Title 9 (Mechanics’ Liens) – see also § 9-104 and § 9-109
• Maryland Rules (Judicial Branch)
• Md. Code, Land Use Article – local administration and appeals, including § 4-301 and § 4-401
• Maryland Circuit Courts

Disclaimer

This post is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Maryland law, including county and municipal procedures, can change and strict deadlines may apply. Consult a Maryland-licensed attorney about your specific situation.