Is Your Real Estate Litigation Out Of The Ordinary?
There are many situations where you may find yourself either facing or issuing a claim for real estate litigation. Here are five unusual instances where there may be a dispute between two parties over a piece of real estate:
#1: Real Estate Litigation And Neighbor Disputes
Easement disputes between neighbors can arise over the validity or scope of an existing easement. There can also be a dispute about whether a new or currently planned easement is necessary. Other common issues that have similar processes and repercussions that arise between property owners can relate to boundaries, fences, tree limbs, nuisances, zoning issues, eyesores, property usage and unsightly property condition.
#2: Zoning And Land Use Disputes
Litigation over property use arises when there is a legal requirement for developers and homeowners to uphold established property usage restrictions. These cases occur when one party tries to obtain permits, attempts to enforce zoning laws, or reports an incident of inappropriate land usage within the zoned area. The best litigation firm will know the zone regulations and help you navigate through the red tape.
#3: Condemnation Of Property And Structures
If you deal with any government entity that is seeking to obtain your privately held property, you should work with a real estate law firm to understand and fight for your rights. Same is true if you have condemned property or structures. You want to work with a reliable, trustworthy and experienced law firm. This can be a very tricky process to navigate, and you will benefit from their help with this type of real estate litigation.
#4: Property Damage
Homeowners forced to sell, for whatever reason, might show their true colors before the property can close. There have been instances of property damage or destruction by the seller to void the contract and prevent closing. This was especially true during the years when foreclosures were common, but it still happens today. It can mean anything from tearing up the landscaping to pouring concrete into the plumbing. No matter the act, it often leads to litigation.
#5: Inheritance Issues
When a homeowner dies, their property often goes to their next of kin, especially if there is no will indicating ownership. Real estate litigation is not uncommon in these cases if there’s more than one relative that’s entitled to the property, it can lead to litigation. And legal disputes between family members can get complicated and contentious. A good lawyer is the key to keeping things civil and hopefully reaching a reasonable agreement.
Title disputes, breach of contract and failure to disclose defects are among the most common types of real estate litigation. But what about the unusual situations? If you find yourself in unfamiliar territory, talk to the real estate litigation team at Wilbanks Law Firm, P.C., for the legal help and support you need.