what kind of attorney deals with property disputes

What does a real estate attorney do?

Dec 10, 2021 · A real estate attorney may also provide legal representation for either a buyer or a seller when a dispute winds up in a courtroom. The real …

How to resolve land dispute?

Aug 12, 2019 · Get an Attorney. 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. Anderson Hunter’s attorneys provide professional expertise in local real estate disputes and other legal matters. With over 100 years serving the …

How to handle property disputes with land surveying?

What is a landlord tenant dispute?

What is land dispute?

A “land dispute” involves conflicting claims to rights in land by two or more parties, focused on a particular piece of land, which can be addressed within the existing legal framework. Land disputes may or may not reflect some broader conflict over land.

What is a contract dispute?

A contract dispute occurs when any party involved in the contract is in disagreement regarding any of the terms or definitions contained within the contract. Generally, in contract law, contract disputes may involve a breach of contract.May 7, 2020

How do I file a case for land dispute in India?

You file a petition before SDO writing all your grievances, give a copy of it to District Magistrate, SP & local police station. Request them to verify and demarcate your land so that you can put your boundary, also request them to provide police force so that any possible fight should be avoided.Jun 9, 2018

How do you resolve a boundary dispute UK?

Negotiate directly with the neighbour to achieve a settlement of the dispute that has arisen; or. Agree with the neighbour to enter into a form of Alternative Dispute Resolution (ADR), and in the present conundrum I would recommend Mediation; or.Oct 15, 2021

What kind of disputes may arise in a contract?

Contractual disputes may arise in many forms, for instance, from the supply of defective goods or services. They can prove a time consuming and costly distraction for your business. Breaches of contract can range from minor breaches, to material breaches, to those that are fundamental.

How do you resolve a dispute in a contract?

Some of the most common methods for contract dispute resolution include:Mediation. Mediation is a process in which both parties involved in a dispute agree to meet with a neutral, third-party mediator – often another attorney or a retired judge. ... Arbitration. ... Collaborative Law. ... Traditional Litigation.

How can you protect your land from illegal possession?

How plot owners can prevent encroachmentKeep all your property documents safe.Ask your neighbours, if there are any in the vicinity, to keep an eye on the plot.In case of encroachment, report it immediately to the police.Hire a local lawyer to keep an eye on the property and manage it.More items...•May 25, 2020

How do I remove illegal possession from my property?

Firstly, you should file a written complaint with the city's superintendent of police (SP), where the property is located. In case the SP fails to acknowledge the complaint, a personal complaint in the court concerned can be filed. You could also file a police complaint about the same.Mar 7, 2022

What causes land dispute?

There were three main causes identified for these land and resource conflicts: (1) resistance to agrarian reform; (2) overlapping tenurial claims; and, (3) land investments, particularly in forestry, mining, plantations and infrastructure.

What are the 4 types of boundary disputes?

What are the 4 types of boundary disputes?Plot line & party wall disputes.Fence, landscaping and outbuilding disputes.Access disputes.Adverse possession claims.May 24, 2021

How do you win a boundary dispute?

How to win a boundary disputeTry to resolve the dispute amicably where possible. ... Make sure you obtain Legal Expense Insurance. ... Collect the evidence quickly. ... Find a decent expert - not just your local surveyor. ... That expert will need your title deeds. ... Speak to family, friends, previous owners and neighbours.More items...•Feb 8, 2013

Who settles boundary disputes?

Mediation is where a neutral third party, trained in dealing with difficult discussions between two opposing sides, helps the parties to negotiate and reach a settlement. It can often be arranged very quickly and parties can attend on their own or with any adviser or with friends for support.

What does a real estate attorney do?

A real estate attorney prepares or reviews all of the documents that are signed at the closing of a real estate purchase. The attorney is then present at the closing to represent the buyer's (or the seller's) interests. Real estate law is a matter for state and local jurisdictions.

What is real estate law?

Real estate law encompasses the purchase and sale of real property, meaning land and any structures on it. It also covers legal issues related to anything attached to the property or structures, such as appliances and fixtures.

What is the biggest investment you have ever made?

Buying a home is probably the biggest investment you'll ever make. In addition to hiring a real estate agent to help negotiate the transaction, you might consider a real estate lawyer to guide you through the legal process. Real estate attorneys specialize in matters related to property, from transactions to handling disputes between parties.

How long does it take to become a real estate lawyer?

Qualifications. Like any lawyer, a real estate lawyer has earned a law degree, which typically takes three years of study for a full-time student. They have also passed the state bar exam administered by the state in which they practice. Training for real estate law may begin with elective courses and internships during law school, ...

Do you need a real estate attorney at closing?

Many states require a real estate attorney be present at closing. Even if your state does not require one, you might want a real estate attorney to be there for you. A real estate attorney will represent your interests at closing. They will review all paperwork in advance and advise on any problems or omissions with the documentation. 1.

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 can an estate attorney do?

An estate attorney may also help clients build a trust fund, especially for minor beneficiaries. They may also prepare the documents that will enumerate and outline their client’s final wishes, including medical and burial arrangements. 4. Personal Injury Lawyers.

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is IP law?

1. Intellectual Property (IP) Lawyers. Any original creative, scientific, or technical invention which may benefit the public has to be protected ...

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 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.

What to do when neighbors have different understandings of where the boundary line is?

When you realize that you and your neighbor have different understandings of where the boundary line is, you should be proactive. Schedule a real discussion, where each of you brings your various legal documents, largely from the home transfer and title insurance files — deeds, plat maps, and property surveys —to the table.

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 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 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 to do before you do anything else?

Before you do anything else, make sure you understand the facts regarding the property in question. Nothing can be resolved until all of the facts leading to the current situation are clear.

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.

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.

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.

Who Can Be Involved in A Property Dispute?

• Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: 1. Neighbors; 2. Landlords and Tenants; 3. Homeowner Associations (HOAs); 4. Tr…

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What Are Some Common Types of Property Disputes?

What Is A “Cloud” on Title?

What Remedies Are Available For Property Disputes?

Defining Boundaries and Property Lines

First Steps When A Dispute Emerges

Will Title Insurance Cover The Dispute?

How A Lawyer Can Help with Your Boundary Dispute

• You won’t always be able to solve boundary issues on your own, or even with the assistance of a land surveyor or mediator.You might want to consult an attorney, especially if the dispute is over a significant piece of land. Keep in mind: A lawsuit against your neighbor is seldom a good idea. Even if you “win”, you are often stuck living next to you...

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Property Improvements A Common Source of Boundary Disputes

Anticipate Defenses Your Neighbor Might Raise

Questions For Your Attorney