what kind of lawyer do i need for property disputes

by Lexi O'Reilly 5 min read

It's a good idea to hire an attorney if your property dispute cannot be resolved without legal action. A real estate attorney can help you send an appropriate demand letter to request action from the other party, file a complaint, and prepare for litigation if necessary.Feb 22, 2021

Full Answer

What does a real estate attorney do?

What Does A Real Estate Attorney Do? Real estate attorneys know how to, and are legally authorized to, prepare and review documents and contracts related to the sale and purchase of a home. In some cases, a real estate attorney is also the person who’ll be in charge of your closing.3.

How to resolve land dispute?

The Cabinet Committee on CPEC (CCoCPEC) is to resolve dispute over 72 acres of land of Gwadar between Ministry of Maritime Affairs (MoMA) and Pak Navy, well informed sources told Business Recorder. MoMA urges that the directives of the President ...

How to handle property disputes with land surveying?

  • You typically can find a land surveyor by searching the website of your state's licensing board.
  • Expect to pay around $500 up-front for a land survey, although the surveyor's fees will vary depending on your location and the size of your lot.
  • The surveyor typically will place posts or other markers to identify the legal property line. ...

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What is a landlord tenant dispute?

landlords and tenants

  • Rats, garbage and rotting food. ...
  • A large hole that rats can enter 'freely' While there were several issues in this dispute, the ratty issue involves a shed . ...
  • A ratty mystery. ...
  • Rats everywhere. ...
  • Cockroaches, mice and rats! ...
  • Vancouver was named B.C.'s rattiest city for the fourth year running. ...

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How do you handle legal disputes?

Document And File Everything. ... Be Impartial And Consistent. ... Deal In Facts Only. ... Keep It Clear And Concise. ... Be Familiar With Applicable Laws. ... Focus On The Issue. ... Be Your Organization's Own Worst Critic. ... Keep It Confidential.More items...•

How property disputes are resolved in India?

Such disputes are resolved by applying the applicable inheritance and succession laws. Property disputes in India account for more than half of the pending caseload. Property laws and case laws around them govern property disputes. Despite having clear-cut laws, such disputes go on for years.

How do you win a land dispute?

Settlement or Agreement. The best solution to your dispute may lie in a settlement resolving differences with your opponent before the matter ever gets to court. Use of land is a complex subject so in any proposed settlement, you need to draw up clear agreements in writing on all important points.

How do you put a case on a property?

File a Power of Attorney, which is a formal document, instating power to the advocate to represent the client in the matter of dispute. Make a payment of the Court fee, which varies, depending upon the case and from State to State. You can determine the Court fees with the help of a legal advisor.

What is property dispute?

Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums and ponds. Property disputes can involve a wide range of parties, which might include some of the following: Neighbors. Homeowners’ association.

What happens when you dispute a property?

When you have a property dispute, it can create tension, which may lead to other issues. It is important that if you end up in this situation that you find a way to resolve the matter in a legal manner. Find out what you can do if you have a property dispute. Discover the legal remedies and actions that can help you clear up a misunderstanding ...

What happens if you can't settle a case?

If you can’t reach a settlement, then the court will make a final decision based on the evidence you both submit. The court’s decision is legally binding. You may not agree with it or it may not be exactly what you were hoping for. That is why it is always in your best interest to reach a settlement.

Can you work out of court to settle a property dispute?

The court will consider both sides, look closely at the evidence presented and determine who owns the property in question. You can still work out of court to try to reach a settlement because there will be an increasing amount of costs that come with moving through the court process.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What is family law?

Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What is criminal law?

Criminal law is the body of laws that pertain to crimes. Crimes are actions or behaviors prohibited by state or federal laws. Crimes are punishable by fines, probation, and/or imprisonment. Usually, crimes are categorized as misdemeanors or felonies.

Do lawyers handle different types of cases?

There are many different types of lawyers that handle many different types of cases. Some cases may even overlap practice areas. Most lawyers have experience with a variety of cases and will be able to help you with your needs. Despite the prevalence of “lawyer jokes”, lawyers are service oriented and look out for the best interest of their clients.

What to do if you think you are in a property dispute?

If you think you may be in a property dispute, you should be prepared for a lot of research, paperwork, and some time with a lawyer. Fortunately, you can often avoid a costly battle in court. Read on to learn what to do about your situation and what you can expect to happen in the coming weeks and months.

How to settle a property dispute?

There’s no single way to settle a property dispute. Sometimes, the parties in a dispute can negotiate to come to an agreement without a battle in court. In other cases, you may need to fire a complaint. If you wish to avoid litigation, consider mediation.

Why do neighbors dispute property boundaries?

Boundary disputes can arise between neighbors when they disagree on where the property line lies. These disputes are more likely to occur if the property boundaries were never clearly registered or a practical property line supersedes the legal line.

What to do if there is no will?

If there was no will, check that the property was distributed according to succession laws. If there are any co-owners, create a contract. Disputes often arise between co-owners when they cannot agree on how to manage their property or when one co-owner pays more of the expenses than the other.

What is real estate fraud?

Real estate fraud happens when a party intentionally misleads another party in order to get more money or another desired resource out of a negotiation. Common types of real estate fraud include straw buyer schemes, illegal property flipping, and predatory lending.

How to find the right documents for my home?

To find the right documents, you may need to complete a full title search on your property . A title search will find every document related to your property. In some cases, you may also need an appraiser to determine the property’s market value and prepare a report that can be used in legal settings. Some of these steps may have been taken ...

How to avoid legal issues when buying a house?

We recommend that every future property buyer take the following steps to avoid future legal issues: Conduct a title search before a purchase. You should always make sure a property is legally clear before you buy it. That generally means asking a title investigator or advocate to conduct a title search for you.

Gary Todd Dupler

I agree with my colleagues. You should hire an attorney who is not only versed in probate procedure, but also is experienced in litigation. Many probate filings are not adversarial or contested, but your situation is shaping up to be a contest.

Christopher Irvin Simser

A Probate Attorney familiar with the County and the courts where the property is located

Joseph Michael Pankowski Jr

Attorney McMahon is correct. You need to consult with an experienced probate litigation attorney to provide you with your options going forward. Good luck to you.

Ruth Elaine McMahon

Please consult an estate litigation attorney in the county where the property is located.

What is the best way to resolve boundary disputes?

There are different types of boundary disputes, and different approaches to solving them. Cooperation and diplomacy, however, are often the best solutions, no matter which side of the fence or property line you’re on. A lawsuit against a neighbor is seldom a good idea.

Who owns the disputed property?

Your neighbor owns the disputed property through adverse possession, a doctrine that allows someone who has used a piece of property without the owner's objection for a statutorily prescribed number of years to gain ownership over it.

What to do when neighbors have different understandings of where the boundary line is?

When you realize that you and your neighbor have different understandings of where the boundary line is, you should be proactive. Schedule a real discussion, where each of you brings your various legal documents, largely from the home transfer and title insurance files — deeds, plat maps, and property surveys —to the table.

How to file a lawsuit against a neighbor?

Be ready for your neighbor's defenses, and review the strength of your possible responses before you decide to file a lawsuit. A neighbor's most likely defenses with regard to a boundary dispute might include: 1 You have the facts wrong, or have incorrectly read the deed to your property. 2 Your neighbor owns the disputed property through adverse possession, a doctrine that allows someone who has used a piece of property without the owner's objection for a statutorily prescribed number of years to gain ownership over it. 3 Property use established a prescriptive easement, authorizing your neighbor to come across your property. 4 You gave consent to use your property. 5 You waited too long file a lawsuit, and the statute of limitations (the allowable time within which to file) ran out.

What to do if your deeds are unclear?

If your deeds or existing surveys are unclear, you and your neighbor might agree to hire a land surveyor to give you an objective report regarding the property boundaries. If factual information isn't resolving the dispute, you might also hire a mediator to facilitate a negotiation between you and your neighbor.

What is boundary dispute?

A boundary dispute might be a question of confusion or uncertainty. Perhaps neither you nor your neighbor has ever really looked at your respective deeds, and both had different assumptions about the extent of your property. A boundary dispute can also be for technical reasons; perhaps your neighbor's deed actually shows possession ...

Can you sue a neighbor for a boundary dispute?

Nevertheless, a lawsuit is sometimes the only way to settle a significant boundary dispute. There are generally two types of lawsuits (or “causes of action”) related to boundary conflicts.

James Lee Fant

You should contact an attorney who is experienced in handling contract and consumer fraud matter. There are specific regulations that govern home improvement contractors. If a home improvement contractor violates these regulations or otherwise engages in fraudulent conduct, you may be entitled to treble (i.e.

Martin L Bearg

Hillsdale is located in Bergen County. Nonetheless I can recommend an attorney in Summit, NJ named Andrew Smith, whose telephone number is 973-206-1725. Good luck...

Christopher Edward Ezold

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only.

Stuart M Nachbar

A general litigation lawyer should suffice as along he/she is knowledgeable in Consumer Fraud's/Contract and treble damages.

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Who Can Be Involved in A Property Dispute?

  • Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: 1. Neighbors; 2. Landlords and Tenants; 3. Homeowner Associations (HOAs); 4. Tre…
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What Are Some Common Types of Property Disputes?

  • As we said before, property disputes can range from the small to large, and can vary in their severity. Some common property disputes can include: 1. Boundary Disputes:Which can involve disagreements among neighbors regarding the location of a property line. 2. Landlord-Tenant Disputes:Which can sometimes involve a dispute over who is responsible for damage or repairs …
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What Is A “Cloud” on Title?

  • Generally speaking, a “cloud” on titlerefers to any irregularity or outstanding claim in the chain of title to the property. Usually this means that there is an unresolved claim, a lien, or some other encumbrance on the property that would prevent transfer of ownership from one party to another. Clouds on title are usually found during a title search on the property. For example, a legitimate …
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What Remedies Are Available For Property Disputes?

  • Remedies for property disputes often depend on the nature of the dispute and the state where the property is located. Potential remedies include injunctions, judicial sales, monetary damages, and quiet title actions. If you are seeking to stop your neighbor from doing something with their property (like burning trash or building a “spite fence”), you may seek an injunction from the cour…
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What Is A Property Dispute?

Common Types of Property Disputes

  • Oftentimes, the result of a property dispute is the plaintiff will receive compensation to cover their property losses. It’s important to know about common disputes so you can better understand the situation that you’re in. The most common property disputes include: 1. Disputes between neighbors regarding where property lines exist 2. Disputes between landlords and tenantsregard…
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Legal Process For Boundary Disputes

  • Has someone brought a property dispute against you, or are you bringing a property dispute against someone else? If so, it’s important to understand the legal process you will go through. This starts with understanding the issue at hand.
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Work with An Experienced Local Property Dispute Lawyer

  • When it comes to property disputes, you should work with an experienced property dispute attorney. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer that understands property law on your side. An experienced lawyer can help you reach a settlement before taking the...
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