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Both attorneys in our office have years of experience in real estate closings. Mr. Campbell is also licensed to issue title insurance and title insurance binders concerning real estate. Mr. Campbell is known locally as the go-to attorney for real estate problems. Most first time home owners think of real estate closings (settlements) as a time when the money is counted, documents signed, and ownership of the land exchanged. That is true. However, the most important part of a real estate settlement from a buyers’ point of view, and a lender’s point of view, is the quality of title. Unlike personal property, actual possession of real property has little value in a dispute. Ownership of real property is instead gauged by the quality of title. Every parcel of land in Delaware has its roots in William Penn and theoretically, every piece of real estate can be traced back to William Penn. Although modern title searches do not typically go back that far, title searches and title attorneys review title going back many years to ensure that no other persons, other than the seller, have any claims to the property and that no mortgages or liens have attached to the property being sold. Experience in this area counts and can save you countless headaches and dollars when a cloud on title is later discovered.

Disputes involving estates and estate distribution is as common as death itself. The decedent may or may not have died with a Will and the handling of the estate depends heavily on that single determination. Estate litigation includes such practices as contesting a will; determining rights under a Will or intestate law; objecting to an estate’s inventory or accounting; or, forcing an executor to administer the estate correctly.

Mr. Campbell handles foreclosures for both the creditor and debtor.  If you're the debtor you may think there's no help to a foreclosure action against you.  That's simply not true.  If you are served with a foreclosure complaint, you need to at least have an attorney look at it.  Banks do make mistakes. 

Problems involving land can occur in many forms. This area of litigation usually involves establishing or protecting rights in land or correcting problems or discrepancies in a parcel’s chain-of-title. Many things can cause "clouds" on property title or disputes over land rights. Delaware’s real property law dates back to 1400 English common law and some archaic rules which establish legal rights are still in practice today. Work in this area of law should not be undertaken by a novice or someone not familiar with real estate property law.

Contracts come in many forms – from well written multipage contracts to verbal contracts. (Yes, there are such things as “verbal contracts” and they can be enforced under certain circumstances) . Many written contracts are incomplete or ambiguous. Contract litigation often involves contract interpretation or contract enforcement, or both. One thing that makes contract litigation in Delaware unique is the separation of Courts of Law and the Court of Equity. The very first determination to be made in contract litigation analysis is: what result is being sought? This single determination, at the beginning of the case, makes a world of difference in the outcome.

The past twenty (20) years have brought about a lot of changes in the area of homeowner association disputes.  In 2009, the Delaware Legislature passed the Delaware Uniform Common Interest Ownership Act" or "DUCIOA".  It's mandate applies, in some degree, to pre-existing subdivisions and condominiums.  Additionally, disputes between homeowners and homeowner associations have long been a hotbed of litigation in the Court of Chancery.  

Simple planning can save family heartache. I’ll never forget the young lady who came to my office for a consultation. She was raised by her step-father from a very young age after her mother died unexpectedly. Her step-dad was the only father she ever knew. To her, this man was her father. Unfortunately he died without a will and the only beneficiary was his son who had been estranged for over thirty years. She inherited nothing. This heartache could have been prevented with a very simple will. Estate planning for a simple estate is very inexpensive but priceless.

Federal and state laws protect employees from discrimination based on such classifications as race, age, sex, family status, etc. Unfortunately discrimination still occurs in the work place. Sometimes it occurs because the employer, or manager, is simply prejudice. More often, however, it occurs because employers are ignorant of the law.

Delaware's Court of Chancery is Delaware's primary business court.  It also has jursidiction over Wills, powers-of-attorney, guardianships, etc.  The Court of Chancery's jurisdiction, or its equitable jurisdiction, is very unique and non-lawyers can often get confused over issues of equitable jurisdiction and legal jurisdiction.  A large part of Mr. Campbell's litigation practice has been in the Court of Chancery.  Several years ago, Mr. Campbell represented two (2) homeowners against their mortgage broker who had acquired an interest in the homeowners beach home.  As a result of Mr. Campbell's argument, it was the first time a Court in Delaware recognized a mortgage broker as a fiduciary.  Mr. Campbell has also litigated many cases involving Wills and Estates and the abuses by executors, trustees, and powers-of-attorneys. 

Commercial litigation comes in all sizes and forms.  It can involve disputes between competing companies or between business partners.   The disputes can be based on contract, landlord-tenant relationships, or quasi-contracts.  

This area of practice includes both residential and commercial construction. Mr. Campbell represents both property owners and contractors in Court. A practice in construction litigation would not be successful without familiarity with the statutory mechanics lien. A mechanics lien is a statute imposed lien on real property that is imposed by simply filing the complaint. It can single-handedly stop a real estate settlement or refinancing. Many attorneys fear mechanics liens because of their requirement that the lien strictly adhere to the statutory requirements. Conversely, over the years Mr. Campbell has handled several cases which have created law in Delaware and been reported in the various court reporters.

Landlord-tenant law can either be residential or commercial. If commercial, Delaware common law controls the case. But if the relationship is for residential property, the Delaware Landlord-Tenant Code applies. The Delaware Landlord-Tenant Code is filled with traps for the uninformed. The Code, for example, requires the landlord to give the tenant a copy (a summary is acceptable) of the Code. If it is not given to the tenant, the tenant can plead ignorance of the law. This is one of the only times that a person can claim ignorance of the law and prevail.

Title to real property can often be contested or in question.  Unlike possession of personal property, you cannot see possession of  real property.  Disputes over legal, or equitable, ownership of real property frequently occur because of mistakes in transfer of property, a lender failing to satisfy a mortgage, or, probably the most common, a "cloud on title" brought about because somebody died and no estate was opened.  Title problems can sometimes be easy to fix (e.g. open an estate) or more complicated.  These problems need to be resolved by someone familiar with real property law. 

If you've been arrested for DUI, don't be stupid and handle it without an attorney.  There's a lot of truth to the statement that a person who represents himself has a fool for a client.  A DUI conviction can have long lasting ramifications.  You need an attorney. 

Also referred to as "Closing", Real Estate settlement is the final step in completing a real estate transaction. This step usually occurs during the final weeks after an offer is accepted, before the closing date. This is a complicated process that often involves many legal documents and requirements of filing paperwork with the state and government. We have the resources and knowledge to answer the complicated questions regarding mortgage documents, title problems, and many other issues including last minute changes to agreements that occur so often near the closing date. We are also familiar with local laws related to building codes and expansions of property to help you prepare for the future with your new home or business. Once the transacation is complete we also assist with registering the deed with your county's Recorder of Deeds to finalize the transition of ownership.

All personal injury cases (e.g. traffic accident injuries, slip-and-falls, assaults, etc.) are handled on a contingency basis. We only get paid if the client makes a recovery. Do not deal with insurance companies directly, do not make statements, and sign nothing until it is reviewed by legal counsel.

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