what kind of attorney would you contact over a property dispute

What type of attorney do I need to for property?

Aug 12, 2019 · 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.

How much does a real estate attorney cost?

Jun 11, 2021 · Any property dispute attorney who is confident in their reputation will be willing to provide you with contacts. From there, you can speak with past clients to learn about their experiences with the lawyer and whether they would recommend them for your case. How to Settle a Property Dispute. There’s no single way to settle a property dispute.

What type lawyer for property?

At the Brink Law Firm, we have successfully dealt with numerous property line disputes, both in relationship to our personal investment properties, and on behalf of clients. To schedule a consultation or case evaluation with a us, please call 253.620.6666 or contact us online.

What does a real estate attorney do for a seller?

Dec 01, 2013 · You need a trial attorney who has some experience in real estate. I suggest you consult with one from the local Monroe County area. WILLIAM H. MULLIS, P.C. 112 South Seventh Street Post Office Box 35 Mitchell, Indiana 47446 Phone: 812.849.9087 Fax: 812.849.6938 CONFIDENTIALITY NOTICE: This electronic message and any attachments are for the …

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.

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 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 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.

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.

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 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.

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.

Do real estate owners like disputes?

No one likes property disputes. Most real estate owners and tenants just want to be left in peace to continue what they were doing, whether that was living on a property or constructing a new building. Unfortunately, disagreements often arise about who owns a piece of land, whether a landlord or tenant was holding to their end of the lease, or who should pay for damage.

Why do you need title insurance?

However, purchasing title insurance when you buy a piece of property can help you ensure your title is free and clear and reduce the risk of a costly title dispute. In some cases, title insurance companies can help defend you in a boundary dispute.

What happens if someone doesn't live up to their contract?

When someone does not live up to their obligation in a contract related to a property, the other party can pursue damages for their losses. For example, if a tenant fails to follow the rules outlined on a lease or a homebuyer does not pay the agreed price to the seller, they may be found in breach of contract under the law.

How to settle a property dispute?

There’s no single way to settle a property dispute. Sometimes, the parties in a dispute can negotiate to come to an agreement without a battle in court. In other cases, you may need to fire a complaint. If you wish to avoid litigation, consider mediation.

What are Property Line Disputes?

The term “property line dispute” (also known as “boundary line dispute”) can refer to a broad array of disputes over the ownership of land. Typically, property line disputes arise from one of two sources: encroachment, or a problem with the recorded deeds.

Preventing and Discovering Property Line Disputes

To avoid or discover property line disputes, you need to know the exact boundaries of your property. Your deed has a legal description of your property’s boundaries, but these are just words on a page until they have been translated into a verified map. The most accurate way to determine the borders of your property is with a survey.

How a Real Estate Lawyer Can Help You

Beyond guiding you through the above process, a competent and experienced real estate lawyer can negotiate on your behalf from a position of power and knowledge, and then pursue further legal action if necessary.

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.

Do fences make good neighbors?

They say good fences make good neighbors. Indeed, having a clear sense of boundaries — where your land ends and your neighbor's begins — is critical in maintaining a good relationship. Because your land —and your neighbor's—is probably your most valuable asset, boundary disputes can become heated very quickly.

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 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.

Micah F McBride

For a property dispute you can hire a lawyer that specializes in property law or even a lawyer who is generally experienced in litigation. You should, however, get a lawyer to help you with this question.#N#More

William Henry Mullis

To view this email as a web page, go#N#43f80b3dbcf61026d67668b9257d0f51a2cdb> here.#N#You need a trial attorney who has some experience in real estate. I suggest...

Boundary Disputes Often Get Heated

For some people already deep into a boundary dispute, this might sound like the understatement of the year. Again, a person’s property is their kingdom, and questions as to the true ownership of a portion of the property can involve not only large amounts of value but also privacy and even honor.

California Property Law is Confusing to Most Laypersons

Although an experienced real estate lawyer will have a solid understanding of the applicable property law in a boundary dispute, many non-lawyers find talk of prescriptive easements, adverse possession, laches, and quiet title actions to be confusing.

A Court Order Can Be the Clearest Way to Resolve a Boundary Dispute

Many people have an inherent aversion to courts, judges, and attorneys, and so it is completely understandable to want to resolve a property boundary dispute on your own with a friendly (or not-so-friendly as the case may be) handshake or some kind of written agreement.

Work With an Experienced Los Angeles Boundary Dispute Attorney

Attorney Laine T. Wagenseller of Wagenseller Law Firm has published numerous articles on real estate law and works with individuals and businesses across Southern California in resolving real estate matters, including boundary disputes.

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. Trespassers; 5. Family Members; 6. Builders and Developers; 7. Government Agencies; and/or 8…

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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?

Do I Need An Attorney If I Have A Property Dispute?

Defining Boundaries and Property Lines

• What are boundaries or property lines? Essentially, these are the lines on a county’s tax map that define and set apart different parcels of land. In condominium units, these sorts of “lines” are very simple, since you can easily spot the “beginning” and “end” of an apartment unit. But boundary lines can become more complicated in single-family residential, suburban, or rural settings. Whil…

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First Steps When A Dispute Emerges

Will Title Insurance Cover The Dispute?

How A Lawyer Can Help with Your Boundary Dispute

Property Improvements A Common Source of Boundary Disputes

Anticipate Defenses Your Neighbor Might Raise

Questions For Your Attorney