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A Detailed Insight into Real Estate Litigation

Real Estate Litigation commonly involves disputes related to real estate and its transactions. It can become a hindrance for companies, offices, apartments, retail centers, hotels, and industrial properties. Litigation can be filed due to reasons such as title defects, acquisition disputes, financing problems, construction management, leasing, zoning, governmental takings, tax sales, and disputes with neighboring landowners.

The Stanton Law Firm, LLC handles a wide variety of Real Estate Litigation: 

  • Quiet Title Actions

  • Boundary Disputes

  • Ejectment Actions

  • Easements 

  • Title Insurance Claims

  • Nuisance Claims

  • Trespass Claims

  • Sales Agreements 

  • Development Contracts 

  • Land Use Litigation 

  • Construction Litigation 

  • Eminent Domain

  • Zoning Issues

  • Mortgage and Foreclosure Disputes 

  • Disputed Liens

  • Slander of Title

  • Truth in Lending Act Disputes

  • Real Estate Settlement Procedures Act Disputes

Common Reasons for Real Estate Litigation

Most of the time it becomes essential to file real estate litigation due to conflicts that may arise. Here are a few significant reasons:

  • Title Defects: When real estate has an unclear history of ownership (a “title defect”) or if the property was subject to a tax sale, it is often necessary to file an ejectment or a quiet title action to determine ownership interests in the property. If you cannot close the sale of real estate because of a title defect or tax sale, you should consult with an attorney to determine whether litigation is necessary. 

  • Breach of Contract: There is a contract signed when any property is sold, and the construction takes place. If the seller or buyer fails to perform their duties mentioned in the contract/agreement, then this also leads to real estate litigation. If either party can prove the breach of contract that has occurred, then they can recover the compensation for the actual damages.

  • Boundary Disputes: If your neighbor builds over the property line, it may be necessary for a court to determine the boundary lines of the properties. Should a boundary line dispute arise, it is always advisable to consult an experienced real estate litigation attorney. 

  • Wrongful Foreclosure:  When a mortgage company forecloses on your home for the non-payment of a mortgage loan which you have paid in full, you may have a wrongful foreclosure claim. And it is always good practice to consult an experienced real estate litigation attorney upon receipt of a notice of acceleration to discuss your options.

If a business or individual is faced with disputes involving real estate, then they should consult with a competent Real Estate Litigation Attorney. Only a reputable attorney who is well versed in the full litigation process and real estate law can provide you guidance with your claim. Contact The Stanton Law Firm, LLC today and we would be happy to help.

Contact The Stanton Law Firm

Disclaimer: This article provides general information only and does not constitute legal advice. No attorney-client relationship is created by reading, viewing, opening, or other action related to this article. If legal advice or other expert assistance is required, the services of a competent professional should be sought. Specific circumstances may change the applicable law or advice a competent individual would provide. In addition, this information is not meant to supplant or in any way replace Errors and Omissions Insurance or other insurance coverage. Mistakes may occasionally be made. Once notified, we will work diligently to correct the issue in a timely manner and mark any updated articles accordingly.

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