What Is a Real Estate Dispute?
Are you getting ready to purchase or sell property? Involved in a property or real estate dispute? Maybe you are having trouble getting your landlord to make repairs to the home. Whether or not you are a property owner or tenant, you have rights under real estate law. Not all residential and commercial real estate transactions are executed perfectly. Sometimes unexpected issues can occur.
Real estate disputes are not just limited to property owners; developers, property managers, investors, renters, and lenders are several of the many types of parties that are often involved in property issues. Common reasons real estate disputes arise include property rights, access, liabilities, damage, easements, insurance claims and more. Legal matters involving real estate transactions are often complex.
Types of Real Estate Law Disputes
Disputes involving real estate are very common and some of them are quite complex. They often require the intervention of the courts. Learn more about the different types of real estate disputes below.
If you decide to purchase property, there are certain steps all involved parties must take. One is having an escrow account. A common reason escrow disputes occur is when the closing process fails and the buyer and seller cannot agree on what is to happen with the earnest/escrow funds.
Easement Real Estate Dispute
Easement disputes are one of the most common forms of real estate disputes between neighbors, especially when property ownership changes. An easement allows other people or parties access to use certain portions of your property. Easements are not always granted by a property owner. Information regarding easements is often included in property deeds.
For example, a neighbor may feel they have the right to access a portion of your property because a previous owner allowed them to for years. Regardless of the reason for the dispute, the resolution often involves hiring an experienced real estate law attorney. One step you can take to resolve the matter before pursuing litigation is talking amicably with the other party.
No real estate transaction is enforceable without a contract. Not all contracts are valid. The requirements for what to include in a valid real estate agreement vary from state to state. However, documents that are missing certain elements or contain unclear or confusing language and in which one party breaches often result in real estate disputes between sellers and buyers. Real estate contracts are enforceable documents. You should never enter into a real estate transaction without a valid mutually beneficial contract.
Property line disagreements usually occur when adjoining property owners do not respect property boundaries. Sometimes this is due to a valid misunderstanding between neighbors. Not all property lines are easy to define and property records are not always accurate or easy to understand. Usually, the disagreements arise because of fencing, trees, and other boundary line concerns. Though some property owners feel they are well within their rights to take matters into their own hands to resolve these types of disagreements, doing so could cause additional problems. Court intervention is typically the best way to identify and enforce property lines.
Ownership issues are common when an owner verbally transfers ownership to another individual or entity without documentation. This often happens when someone bequeaths their real estate to another without going through the proper process or there are other parties with ownership rights, such as certain lien holders. Determining the rightful owner of a property is not always easy. Many factors and issues can arise when disagreements over real estate exist.
In real estate transactions, sellers must disclose specific information about their properties. Despite this requirement, some unscrupulous sellers commit fraud and try to take advantage of buyers by withholding important information that could ultimately impact the outcome of the transactions and future ownership. Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with a real estate lawyer to straighten things out.
Disputes often arise when landlords and tenants cannot agree on who is responsible for repairs, rent arrears, security deposit payments, right to possession, and more. Tenant and landlord laws are very complex and failure to adhere to them can cause either party to violate the rights of the other. Not only is a valid rental agreement crucial, so is having good legal counsel.
Liens can impact your ability to own property or land free and clear. It is possible to sell a property that has liens on it. However, some liens can diminish a property’s sale price. Also, in many cases, liens must be cleared before securing a mortgage or financing.
What Should You Do If You Are Involved in a Real Estate Dispute?
If you have a real estate issue in which you feel your rights are being violated, or there is a specific issue that has you and another party in disagreement, you may want to speak with a real estate lawyer. Regardless of the issues involved, you can benefit from having legal guidance.
Learn About Real Estate Law
Real estate law is quite complex. It is important for you to learn as much as you can about how real estate law applies to your circumstances. Your lawyer will help you to understand what’s at stake and develop a plan of action that helps protect your real estate rights.
Work With an Experienced Real Estate Attorney
Real estate disputes make up the majority of litigation cases. Not all issues require you to go to trial. You should work with a lawyer who has the knowledge and experience to get you the resolution you seek. Depending on the nature of your real estate disagreement, the courts may include financial compensation and injunctions to prevent the issues from reoccurring and the defendant from retaliating.
Get the legal help you need now. We help landlords, renters, property owners, and more in resolving their real estate litigation concerns. Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!