what kind of attorney handles property ownership disputes

A lot of general practitioners, who do litigation can handle a property dispute. You can also, uh, contact board certified real estate attorneys and ask if they would handle a property dispute. Some of those board certified real estate lawyers do litigation and others do not.

Full Answer

Do you need a lawyer to buy a house?

You don't always need a lawyer to buy a house, but real estate attorneys provide many valuable services and can actually help you save money in the long-run or avoid buying the wrong property.

How to find a real estate lawyer?

• Look to regular law offices, legal aid offices, and other nonprofits for pro bono lawyers
• Public Counsel is a nonprofit organization that offers a full suite of pro bono lawyer services, including clinics and consultations
• You may not qualify for a pro bono attorney if your income is well above the poverty line

Can you handle an estate without an attorney?

You can act as executor or administrator of a probate estate without an attorney in most cases. To be successful, you'll have to understand the local rules in your state and county, as well as the laws regarding the rights, duties and responsibilities of an estate administrator or executor.

How to handle a dispute with your landlord?

• 1. Establish scope. How big is your problem? ...
• 3. Talk to the landlord. Try to arrange a meeting. ...
• 4. Decide how far you will go. Despite your notes and calm discourse, the toilet still won't flush. ...
• 5. Write letters. You documented your problem. ...
• 6. Check local laws and organizations. ...

What is an example of a property dispute?

PROPERTY DISPUTES Examples include individuals litigating the ownership rights of a property (land title), the location of the ownership line that separates them from one (land boundary), one's right to use the land of another (easements), or even riparian (water) or littoral boundaries.

How do you settle land disputes?

How To Settle Property Line DisputesTalk To Your Neighbors. This is the first step to take. ... Put Up Signs And/Or Fences. If you live in an area with a lot of open land, it can be useful to put up signs to deter trespassers. ... Conduct A Title Search. ... Hire A Land Surveyor. ... Hire An Attorney.

How property disputes are resolved in India?

Such disputes are resolved by applying the applicable inheritance and succession laws. Property disputes in India account for more than half of the pending caseload. Property laws and case laws around them govern property disputes. Despite having clear-cut laws, such disputes go on for years.

Is property dispute a civil case?

Property dispute numbers in India are quite overwhelming. Only over 66% of the cases pending in various civil courts of India are related to property disputes. Of all the cases that India's apex court deals with, 33% are also related to the same subject.

Can family settlement deed be challenged?

While a duly executed family settlement cannot be revoked, except by a court decree, it can be challenged in a court of law under the following circumstances. Any misrepresentation of facts regarding the title of the disputed property, too, can lead to future altercations. Improper execution.

Is land dispute a civil case?

24 Land cases form more than half of all civil cases and constitute over a quarter of cases before the Supreme Court; they also have the longest pendency compared to other cases. Hence low judge-to-people ratio particularly prolongs resolution of land disputes.

What can you do if someone encroaches your property?

If you see an encroachment and want to proceed the legal way, you should approach the court for an order of injunction as per Order 39 (rules 1, 2 and 3) and claim the damages.

Can a Neighbour claim my land?

any evidence produced by your neighbour to suggest that they have been in occupation of the disputed land for 12 years or more without objection and which may now entitle them to claim ownership under the law of adverse possession.

Can you sell a property with a boundary dispute?

The short answer is yes. Declaring neighbour disputes is a legal requirement when selling a house. If you fail to declare neighbour disputes when selling your house, you buyer could accuse you of mis-selling your property and take legal action against you.

How long before you can claim ownership of land?

Minimum time requirements – Before any adverse possession application can be considered you must have been using (or in possession of the land) for at least ten years.

What is joint ownership of a real estate property?

Joint ownership of a real estate property in its simplest form means any land and fixed (immovable) property whose ownership title is shared by more than one person.

What are joint property ownership disputes?

As the term itself suggests, the easiest interpretation of joint property ownership disputes is a disagreement between real estate co-owners. The nature of such a disagreement that raises ownership and property disputes can be both minor and major.

Types or ways of holding joint ownership property

There are two ways of becoming a joint owner of a real estate property. These are –

Rights and duties of co-owners in a joint ownership real estate property

The right and duties of each co-owner in a joint ownership real estate property agreement is simple.

How to deal with joint property ownership disputes?

The best approach to alleviating any possible chances of joint property ownership disputes is to appoint a real estate attorney. By appointing a joint property ownership lawyer from the very beginning, you can save yourself from much trouble in the future.

Real estate lawyers and joint property dispute attorneys near me

The probability of having a conflict between co-owners of a property tends to exist naturally. It is an inherent feature of the very nature of the relationship that exists between real estate co-owners. This makes its occurrence highly unavoidable.

How to settle a dispute without a trial?

Most disputes can settle without a trial, so proceed with settlement in mind even as you remain prepared for a possible legal battle. Consider mediation as a way to reach a settlement.

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, ...

How to determine if someone is encroaching on your property?

You’ll need to get analysis from a licensed surveyor or similar expert who can determine whether you or your neighbor is encroaching on the other’s land. The expert will also determine how much land is being encroached on, how long this has been happening, and whether or not permission was given.

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.

Can a neighbor write a letter to their attorney?

Your neighbor will most likely send your letter on to his or her attorney. This doesn’t mean that they aren’t willing to negotiate, just that your neighbor wants to know everything they can about the situation and their options.

Can landowners dispute neighbors?

It’s not unusual for landowners to get into disputes with adjacent neighbors, even if they have a friendly relationship. Sometimes a deed description is inaccurate. In other cases, someone may have overestimated the extent of their land and built a fence past their property line.

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.

How to find a property dispute lawyer?

The right property dispute attorney can make a massive difference in helping you win your case. Rather than hiring the first lawyer you find on Google, you should find a few different property dispute attorneys who appear to have the expertise you need. You can start your lawyer search by asking friends and family members for recommendations, getting a referral from a trusted business associate or another lawyer you trust, or searching in an online service like Nolo.

Why do property disputes arise?

Many property disputes arise from confusing boundary descriptions in someone’s deeds or an arrangement between previous owners that wasn’t mentioned during a sale. Both parties may have legitimate reasons for their sides in the dispute, which is why it’s essential to find all the information you can to support your side and prepare your case.

Why do neighbors dispute property boundaries?

Boundary disputes can arise between neighbors when they disagree on where the property line lies. These disputes are more likely to occur if the property boundaries were never clearly registered or a practical property line supersedes the legal line.

What is real estate fraud?

Real estate fraud happens when a party intentionally misleads another party in order to get more money or another desired resource out of a negotiation. Common types of real estate fraud include straw buyer schemes, illegal property flipping, and predatory lending.

How to argue a case?

Gather Information For Your Case. To effectively argue your case, you will need to gather the facts about the property in question. That means finding any relevant documents and potentially taking photographs of property damage. To find the right documents, you may need to complete a full title search on your property.

What to do if you think you are in a property dispute?

If you think you may be in a property dispute, you should be prepared for a lot of research, paperwork, and some time with a lawyer. Fortunately, you can often avoid a costly battle in court. Read on to learn what to do about your situation and what you can expect to happen in the coming weeks and months.

Can property disputes be resolved outside of court?

Sometimes property disputes turn out to be simple misunderstandings. Unfortunately, many legal disputes are too complicated to be resolved outside 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. Tre…

See more on legalmatch.com

What Are Some Common Types of Property Disputes?

What Is A “Cloud” on Title?

What Remedies Are Available For Property Disputes?