what type of lawyer for property disputes

How do you become a real estate lawyer?

Apr 18, 2022 · When it comes to property disputes, you should work with an experienced property litigation lawyer. Whether you`re filing a property dispute against your neighbor or defending a lawsuit against you, you need a lawyer who understands the property rights on your end. An experienced lawyer can help you reach an agreement before taking the dispute to court, saving …

How do you find a real estate attorney?

Feb 11, 2021 · A lot of general practitioners, who do litigation can handle a property dispute. You can also, uh, contact board certified real estate attorneys and ask if they would handle a property dispute. Some of those board certified real estate lawyers do litigation and others do not.

How much does a real estate attorney cost?

Jun 11, 2021 · Common Types of Property Disputes. Breach Of Contract. When someone does not live up to their obligation in a contract related to a property, the other party can pursue damages for ... Real Estate Fraud. Boundary Disputes. Co-Owner Disputes. Specific Performance.

What is it like to be a real estate lawyer?

Feb 08, 2013 · An attorney versed in contract, real property, and quite possibly litigation will be the type of attorney you need to resolve this particular issue. A thorough analysis of the pros and cons of your situation (i.e. property value, property location, time value of money, the cost of your time, any contracts or writings relative to the property showing your co-ownership and the …

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.

Do real estate owners like disputes?

No one likes property disputes. Most real estate owners and tenants just want to be left in peace to continue what they were doing, whether that was living on a property or constructing a new building. Unfortunately, disagreements often arise about who owns a piece of land, whether a landlord or tenant was holding to their end of the lease, or who should pay for damage.

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.

What is boundary dispute?

Boundary Disputes. 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.

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.

Can a real estate dispute go to trial?

Most disputes can settle without a trial, but not all, so you would be wise to proceed with settlement in mind while also preparing for litigation.

Does title insurance cover property?

Title insurance does not always cover property disputes. However, purchasing title insurance when you buy a piece of property can help you ensure your title is free and clear and reduce the risk of a costly title dispute. In some cases, title insurance companies can help defend you in a boundary dispute.

Matthew Roman Kamula

An attorney versed in contract, real property, and quite possibly litigation will be the type of attorney you need to resolve this particular issue. A thorough analysis of the pros and cons of your situation (i.e.

Carol Anne Johnson

You need a real property attorney who has experience with partition petitions. You will need to have a petition filed to ask the local court to partition the property, which will ultimately require its sale on the courthouse steps or by a Realtor, if you have one.

Jimmy Allen Davis

Generally any attorney can, however one with familiar with property law would be most comfortable with the issues you describe. A lot of them advertise their skills as real estate attorneys. I would start there if I were you.#N#Best of luck...

What is the second option to sue for a land dispute?

Your second option is to sue for a declaratory judgment. This is a way to put your dispute in front of a judge, who will make a legal determination as to whether or not you own the subject land.

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.

What happens when neighbors dispute a fence?

Neighbors rarely begin random arguments over boundaries. More often, boundary issues arise when a property owner makes improvements or changes —erects a new fence or wall, for example. A dispute against a neighbor might soon become ripe for a lawsuit if the neighbor: 1 constructs an improvement that clearly crosses a property line 2 fails to obtain building permits before starting work or installations 3 doesn't obtain approval from a required source such as a city or town planning commission or homeowners’ association 4 builds an improvement that violates a state law, local ordinance such as a zoning restriction, or the covenants, conditions and restrictions (CC&Rs) of a homeowners’ association. 5 constructs an improvement that violates a restrictive covenant (a clause in a deed limiting property use), or 6 interferes with an established property use, such as by blocking a path or driveway.

Do fences make good neighbors?

They say good fences make good neighbors. Indeed, having a clear sense of boundaries — where your land ends and your neighbor's begins — is critical in maintaining a good relationship. Because your land —and your neighbor's—is probably your most valuable asset, boundary disputes can become heated very quickly.

Can neighbors argue over boundaries?

Neighbors rarely begin random arguments over boundaries. More often, boundary issues arise when a property owner makes improvements or changes —erects a new fence or wall, for example. A dispute against a neighbor might soon become ripe for a lawsuit if the neighbor: constructs an improvement that clearly crosses a property line.

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 trespassing?

First, you can sue for continuing trespass or ejectment. In a continuing trespass or ejectment action, you are asking a judge (typically a state court judge) to find that your neighbor is trespassing on your land, and further ordering that the neighbor remove him- or herself and any possessions.

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.

What is a title search?

Do a title search to find all of the documents that are in the chain of title of your property. The title search will show if there are any deeds that may affect your ownership of the property. It’s likely that these things will have been done when you purchased the home.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

What do lawyers do outside of court?

Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations to protect their client's best interest.

What is an intellectual property lawyer?

Any original creative, scientific, or technical invention which may benefit the public has to be protected from copycats and duplicates. If you've created an art design, a unique product, a novel, a song or a computer program, you can consult with an intellectual property lawyer for securing copyright, patents, trademarks, and licensing agreements.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What is a personal injury lawyer?

This lawyer is an expert in tort law, which deals with civil legal liabilities and damages.

What is a business lawyer?

Also known as corporate lawyers, business lawyers are legal eagles who cover a more full range of expertise in building, managing, maintaining, transferring and dissolving a business. Lawyers in this area of practice deal with the formation of the company, employment contracts, tax compliance, acquisitions, and mergers.

Is a civil litigation lawyer a general lawyer?

Technically, all areas of law already mentioned on this list may also be considered civil litigation cases. This is why a civil litigation lawyer is regarded as a general lawyer. However, their primary work comprises handling cases involving a breach of contract. While this may seem simple compared to other areas of law, contract disputes can be a tedious process. So, it will pay to hire an excellent civil litigation attorney who can easily spot the finer details of the case.

Can property boundary disputes be resolved without legal action?

Unfortunately, not all property boundary disputes can be resolved without legal action. If private discussions with your neighbor have not produced a resolution both of you can agree on, it’s time to get an attorney.

Is it better to settle a land dispute by mutual agreement or in court?

If the area and value of land are small, you may find it easier to resolve the issue by mutual agreement rather than in court. You don’t want to spend more on litigation than the land is worth. Even if you’re sure the law would find you in the right, it may be better to save the hassle and expense of court.

What does a surveyor do?

In a survey, a licensed surveyor will physically locate the boundary of your land to determine if your boundaries are where you think they are. The title search will find every document related to your property, while the appraisal will tell you the market value of the property. Some of this may have been done when you purchased the property, ...

What does a licensed surveyor do?

In a survey, a licensed surveyor will physically locate the boundary of your land to determine if your boundaries are where you think they are. The title search will find every document related to your property, while the appraisal will tell you the market value of the property.

What does title search tell you?

The title search will find every document related to your property, while the appraisal will tell you the market value of the property. Some of this may have been done when you purchased the property, in which case you can use the resulting documents.

What is a demand letter from a neighbor?

A demand letter from your attorney to your neighbor is the next step toward proceeding to court. This letter will explain the situation, request action, and/or contain an offer to settle, such as a compromise to divide the property at issue. Your neighbor will most likely send your letter on to his or her attorney.

What to do if you can't agree with your neighbor?

If you’re still unable to come to an agreement with your neighbor, file a complaint. Consider a “quiet file,” which means you ask the court to consider all of your evidence and arguments and decide who owns the land. Preparing for litigation requires a great deal of paperwork.

What does an attorney do for a HOA?

Your attorney can also keep you informed of changes in the laws and give you advice on how to handle matters as they come up. HOA's have responsibilities to maintain the common areas of your community and make repairs, but they don't have the rights to infringe on your freedom and personal life.

What to do if you have a dispute with your HOA?

If you are involved in a dispute with your HOA, you should hire an HOA attorney to assist you. HOA matters can become heated and emotional, so it is best to have an experienced attorney handle the negotiations and resolve the dispute for you.

What is an association in a condominium?

The association is a governing body that runs your planned community or condominium building. They association has a board of directors. Residents are elected to serve in positions such as President, Secretary and Chief Financial Offer or Treasurer.