Real Estate Litigation: What Is It?

Feb 8

What exactly is a real estate lawsuit? Disputes arising out of real property or an interest in real property are referred to as "real estate litigation." It is possible that real estate litigation could include a dispute that emerges during the acquisition of property or a dispute originating from ownership rights or other interest in a property.

When it comes to property acquisition, a dispute might be as simple as a disagreement over the terms of the buy and sale agreement, which would be part of the agreement between the parties. Pre-sale representations included how the goods and services would be provided and how they would be carried out. In a residential or even a business transaction, there may be disagreements over whether or not major issues with the property were revealed to the buyer.

Disputes Over Property

Firms with experience in litigating and resolving disputes that encompass all of these types of disputes, whether they arise from the purchase and sale property or from an existing ownership a dispute over trespass or a nuisance on an adjacent property, can include existing landowner rights in real estate litigation.

Cases Involving Allegations Of Trespass And Nuisance

A real estate customer is anyone or anything involved in the process of purchasing a piece of land. Commercial property for a business, where they are acquiring or have purchased a piece of commercial property and the disagreement has arisen out of the purchase and sale of that property is the most common type of dispute.

They could also be business owners or owners of real estate who are embroiled in legal battles over alleged violations of their property rights. A trespass or nuisance claim emerging from or infringing on their ownership of that commercial property could be the basis for this action.

Litigation In Real Estate: The Different Types

One of the most common types of litigation handled by law firms is that involving real estate. Real estate issues are frequently litigated or arbitrated by law firms. Disputes in real estate law can range from simple contract breaches between a seller and a customer, to more complicated title difficulties.

Disputes Over Boundaries, Claims Of Title Defects, And Ownership Rights

Disputes over boundaries, title defects, and ownership rights are all common in real estate litigation. It's possible that property-related environmental issues are involved. It may necessitate the seizure of certain property by the government.

A mining business and the owner of a surface estate were at odds over mining rights in one of the more complicated real estate lawsuits. Mineral extraction was legal in that particular situation; yet, it also disrupted the surface estate owner's business.

There was a federal court case involving a mining firm that had overstepped its rights. Because of the complexities of the case, it took a long time to reach a conclusion.

Anticipatory Contract Violation

Talk about a conflict between a developer and one of the largest regional home builders in the country. An anticipatory breach of contract was engaged in the creation of a track for a development. Midway through the project, a house builder had approached the developer. Even if the developer delivered the door fronts on schedule, he was notified that they would not be purchased because of the construction on the roads.

And the regional builder, a residential builder, was a little astonished when a developer sued him for anticipatory breach of contract. A successful settlement for the customer came about, but it was one of those instances where a few legal firms had looked at the matter and had not come up with a cause of action that satisfied the customer or would provide an acceptable outcome for the customer.

Properties With Eases And Encumbrances

When it comes to real estate litigation, there is a wide range of issues and questions that can arise. When I say that, I'm referring to a disagreement over the purchase and selling of property. The adjoining landowner or business owner may also be involved in a boundary line dispute.

Encumbrances And Easements

A lien or a mortgage on a property can cause problems with easements or other encumbrances on the property. As a result, a dispute over real estate could involve either a private individual or a commercial entity. Developers or any other parties participating in commercial dealings and transactions may be involved.

Lawyers don't normally put deals together, but they are involved in the process of negotiating them. We're here to help you out. Of course, we can assist in resolving disagreements. Depending on the circumstances, this can lead to a lawsuit or not. In other words, it's going to depend on the circumstances.

You may also be able to sue someone for damages to your property as a result of someone else's negligence or trespassing on your property, as well as claims for breach of contract regarding real estate or zoning concerns. Getting a variance on your property for a new sort of business or anything else along those lines could be part of it.