AFTER HOURS CALL: 1.855.2 HARR LAW Get Answers to Your Questions Today!

Real Estate Litigation: Common Disputes and How to Resolve Them

  • Aug 29, 2023
  • The Harr Law Firm

Small model house on table next to judge's gavelReal estate transactions are complex and often involve numerous parties, intricate legal agreements, and significant financial investments. While most real estate deals proceed smoothly, disputes can arise, leading to real estate litigation. Whether you're a buyer, seller, landlord, tenant, or developer, understanding common disputes and how to resolve them can help safeguard your interests and protect your investment. Keep reading to learn more about some of the most typical real estate disputes and receive insights into resolving them effectively.

Boundary and Easement Disputes

Boundary and easement disputes occur when property owners disagree about the exact boundaries of their land or rights to use someone else's property for a specific purpose. Such disputes often arise due to unclear property descriptions or poorly marked boundaries. To resolve these issues, it is crucial to consult the property's title, survey maps, and any relevant agreements. If necessary, consider mediation or arbitration to reach a fair resolution.

Contractual Disputes

Contractual disputes are among the most common issues in real estate transactions. They may arise from breach of contract, misinterpretation of terms, non-disclosure of defects, or disagreements over contingencies. Resolving contractual disputes often requires a thorough review of the contract and evidence supporting each party's claims. Seeking mediation or negotiation can help parties reach a mutually beneficial resolution without the need for costly litigation.

Landlord-Tenant Disputes

Landlord-tenant disputes can arise from various issues, such as rent disputes, lease violations, property maintenance, or security deposit disagreements. Understanding the rights and responsibilities outlined in the lease agreement is essential for both parties. Mediation or alternative dispute resolution methods can help landlords and tenants find common ground and avoid court battles.

Title Defects and Quiet Title Actions

Title defects can jeopardize property ownership and cloud its marketability. Quiet title actions are legal proceedings aimed at clearing any competing claims to a property title. Resolving title defects requires a comprehensive title search, examination of past deeds, and any relevant legal documents. Engaging an experienced real estate attorney is essential to navigate these complex matters and establish undisputed ownership.

Construction Disputes

Construction disputes can arise between property owners and contractors, subcontractors, or architects. Common issues include delays, cost overruns, defects, and incomplete work. Resolving construction disputes may involve detailed analysis of the construction contract, inspection reports, and proof of performance. Mediation or alternative dispute resolution methods can help parties reach an agreement while avoiding protracted litigation.

Nuisance and Trespass

Nuisance disputes occur when a property owner engages in activities that interfere with a neighbor's right to enjoy their property. Trespass disputes arise when someone unlawfully enters or uses another person's property. Resolving these disputes may involve gathering evidence, documenting instances of nuisance or trespass, and seeking an injunction to stop the offending activities.

Foreclosure Disputes

Foreclosure disputes typically involve homeowners facing financial distress and lenders seeking to repossess the property due to mortgage default. Homeowners may challenge foreclosure proceedings based on lender errors, predatory lending practices, or other violations. In such cases, hiring an experienced real estate attorney can help homeowners explore legal options, such as loan modifications or bankruptcy, to prevent foreclosure.

Get Guidance from an Attorney

Real estate disputes can be emotionally and financially draining, but they don't have to be insurmountable obstacles. By understanding the common disputes that arise in real estate transactions and knowing how to resolve them, you can protect your interests and investments effectively. Whether you're dealing with boundary disputes, contractual conflicts, title defects, or any other real estate litigation matters, seeking professional legal assistance is crucial.

At The Harr Law Firm, our experienced team of real estate attorneys is dedicated to helping clients navigate complex legal issues and find efficient solutions to their disputes. If you're facing a real estate-related problem or need legal guidance, don't hesitate to contact us for a consultation. Our knowledgeable attorneys will work tirelessly to protect your rights and achieve a favorable outcome for your case.

Remember, understanding your rights and having a skilled legal advocate by your side can make all the difference in resolving real estate disputes successfully. Contact The Harr Law Firm today and take the first step towards securing a favorable resolution for your real estate litigation needs.