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.
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Do I need a lawyer for property disputes?
What kind of lawyer do I need to solve my legal problem?
What kind of lawyer do I need for intellectual property?
If you have experienced property damage such as sewage damage, you should contact an experienced local property attorney. This is especially true if you are trying to hold your county responsible for the damage. Laws governing property damage and rights, as well as legal doctrines such as eminent domain, can vary widely from state to state.
How can a local real estate attorney help you?
How to Sue a City for Negligence. First, you’ll generally file a claim with the city government, at which point you’ll be directed to either the city attorney’s office or the risk management division. Once the city receives your claim, it has three options: Accept the claim and pay your damages. Negotiate with you to try and settle your ...
What does a property lawyer do?
Property Lawyers help clients deal with a wide range of property-related issues including buying, selling, subdividing, transferring titles, council and building restrictions, tax implications, approval processes, and restrictive covenants and easements.
What is an example of a property dispute?
Property disputes come in many different forms. 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 handle a property dispute?
Settlement: You can choose to resolve your property dispute through settlement if family members are involved in the property dispute. The settlement involves all the stakeholders sitting across the table and mutually deciding how the assets/property would be divided.
What is the meaning of property dispute?
Disputes related to a property, often arise through claims from legal heirs, co-owners, disputes over easement rights, wrong representation by the seller and improper description of the property in the title deed.
How do you avoid property disputes?
Best ways to prevent property disputes in IndiaTitle search / Due Diligence. Sanctioned site plans. Inherited property. Sale deed / Title deed / Ownership Documents. Approval from Municipal Offices.Significant Points to be kept in mind in respect of NRIs.
What type of case is involved when a dispute arises out the purchase of land?
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. ...Aug 2, 2019
What is a family settlement?
In a nutshell, a family settlement is an agreement where family members mutually work out how a property should get distributed among themselves. All the parties should be related to each other and have a claim to a share of the disputed property.May 20, 2013
What is settlement deed?
The deed of settlement is a legal document that formalizes an agreement between the parties who have disputes over the matter. It resolves the disputes between the conflicting parties. It has clauses that are legally binding over the parties when they have agreed upon and entered the deed.Oct 14, 2021
Can partition deed be challenged?
Since the partition of your father's ancestral land was done through a registered partition deed, you will not be able to challenge it.Sep 4, 2021
What is meant by 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.
Can banks loan on disputed property?
Keep in mind that your loan request could be turned down if the property being offered as collateral is disputed, as banks do not approve a loan request if the property taken as collateral for a loan is under dispute or the property papers are not clear about ownership.Mar 15, 2021
How do you split property between brothers?
A partition deed for a property is executed to divide the property among different people - usually among the family members. A partition is a division of a property held jointly by several persons, so that each person gets a share and becomes the owner of the share allotted to him.Jan 27, 2013
What Are Some Common Types of Property Disputes?
As we said before, property disputes can range from the small to large, and can vary in their severity. Some common property disputes can include: 1. Boundary Disputes:Which can involve disagreements among neighbors regarding the location of a property line. 2. Landlord-Tenant Di…
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What Is A “Cloud” on Title?
Generally speaking, a “cloud” on titlerefers to any irregularity or outstanding claim in the chain of title to the property. Usually this means that there is an unresolved claim, a lien, or some other encumbrance on the property that would prevent transfer of ownership from one party to another. Clouds on title are usually found during a title search on the property. For example, a legitimate …
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What Remedies Are Available For Property Disputes?
Remedies for property disputes often depend on the nature of the dispute and the state where the property is located. Potential remedies include injunctions, judicial sales, monetary damages, and quiet title actions. If you are seeking to stop your neighbor from doing something with their property (like burning trash or building a “spite fence”), you may seek an injunction from the cour…
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Do I Need An Attorney If I Have A Property Dispute?
It depends on the nature of the property dispute. Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney. However, there are so…
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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
When you realize that you and your neighbor have different understandings of where the boundary line is, you should be proactive. The first step is to 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. Sharing this sort of objective informa…
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Will Title Insurance Cover The Dispute?
Unfortunately, the standard title insurance policy contains an exclusion specifically meant to make sure the company does NOT get dragged into boundary line disputes. (The language may refer, for example, to matters that "would be disclosed by an accurate survey and inspection of the premises.") Nonetheless, it's worth reviewing your policy and bringing the dispute to the attentio…
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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 your former adversary. This can create awkw…
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Property Improvements A Common Source of Boundary Disputes
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 permit…
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Anticipate Defenses Your Neighbor Might Raise
Be ready for your neighbor's defenses, and review the strength of your possible responses before you decide to file a lawsuit. A neighbor's most likely defenses with regard to a boundary dispute might include: 1. You have the facts wrong, or have incorrectly read the deed to your property. 2. Your neighbor owns the disputed property through adverse possession, a doctrine that allows s…
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Questions For Your Attorney
- Is this the sort of dispute my title insurance policy might cover?
- If this isn't a clear case of where the boundary lines lie, but has more to do with usage (such as an adverse possession claim), who would likely win the dispute in court?
- How should I deal with my neighbor's encroaching activities in the short-term, while we wait for the dispute to be resolved?
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