Real Property Disputes

For many people, real property forms a substantial portion of their wealth. As a result, when you have a real property dispute, it can jeopardize your financial interests. In some cases, a property dispute can also put your home at risk. If this happens, you need experienced legal counsel to help you seek a positive outcome to a real property dispute that protects your property rights and financial interests. Contact Bristlecone Law for an initial case evaluation with a real estate lawyer to learn how our firm can represent you and defend your rights in a property dispute.

Common Types of Real Property Disputes

Real estate disputes can arise between neighboring or nearby property owners or between counterparties in a real estate agreement, such as a lease or purchase-and-sale contract. At Bristlecone Law, our legal team can advise you on your rights and options and advocate for your interests in common types of real estate disputes, such as:

Breaches of Contract – Real property disputes can involve breach of contract claims during the purchase and sale of property. Breach of contract claims may include failure to close, violations of representations or warranties, violations of seller disclosure requirements, failure to satisfy conditions precedent, or disputes over deposits or escrow money.
Title Issues – Disputes may arise due to problems with a title. Clouds on a title due to unpaid taxes, outstanding mortgages, latent boundary disputes, or mechanic’s liens can potentially delay or scuttle purchase-and-sale agreements or lead to parties filing competing claims to ownership through quiet title actions.
Commercial Landlord/Tenant Disputes – Commercial leases can lead to disputes involving non-payment claims, disagreements over maintenance obligations, conflicts over tenant allowances, renewals and terminations, or evictions.
Co-Owner Conflicts – Parties may come to co-own property through inheritances, purchases of property as tenants in common or tenants by the entirety (husband or wife), or as business partners in a company that owns commercial real estate. However, co-owners can have disputes over management/maintenance, use of the property, or continued ownership, potentially leading to partition actions.
Easement and Right-of-Way Disputes – Neighboring property owners can have disputes over shared access or rights to use easements, including when one property owner must use or cross another’s property to access a home, common facilities, or public roads.
Boundary Disputes – Neighbors may have boundary disputes when they have differing understandings of the location of a property line, which can lead to one owner planting landscaping or constructing (or removing) fences or accessory structures that cross the boundary between the properties.
Zoning and Land Use Disputes – Property owners can have disputes with local governments over zoning and land use decisions made by local officials to grant or deny zoning variances or construction applications.

Legal Issues Involved in Real Property Disputes

Real property disputes can involve an intersection of various areas of law. Disputes may include legal issues from:

Real Estate Law – Real estate disputes can involve property rights, deeds/titles, and zoning or land use regulations.
Contract Law – Property disputes arising from purchase-and-sale agreements, residential or commercial leases, or easement agreements can involve issues of contract law, including contract formation, consideration, and the statute of frauds.
Tort Law – Tort law issues can arise in real estate disputes involving claims of trespass, nuisance, misrepresentation, or property damage.
Trusts and Estates Law – Real estate disputes involving inherited property can also require parties to address legal issues under trusts and estates law, including the validity of estate planning documents or intestate succession rules.

The potential for a real property dispute to implicate various areas of law makes it critical to obtain experienced legal representation from a lawyer who can understand how these legal issues intersect. An attorney can interpret statutes and case law and review documents to determine your rights and obligations.

The Process of Resolving Real Property Disputes

Resolving a real estate dispute can involve multiple steps. The process begins with an initial consultation with an experienced attorney who can start gathering facts about the dispute. The attorney can collect relevant documents and discuss needs, goals, and concerns with the client. An attorney can then more thoroughly investigate the dispute by conducting property investigations, title searches, and researching applicable law. Once an attorney understands the client’s position, the attorney can begin negotiating a potential settlement that can resolve a property dispute efficiently and cost-effectively. However, some conflicts result in parties submitting their property dispute to court, where they can enforce contractual obligations or defend property rights.

Court litigation can involve pleadings, discovery, and pre-trial motions. Unless parties settle a case, litigation will eventually reach trial, where the parties can present their evidence, witnesses, and legal arguments to obtain a ruling in their favor. After the court issues its judgment, parties may need to pursue further legal action to enforce the court’s decision.

How a Real Estate Attorney Can Help

Carefully reviewing the facts of your case and relevant documents, including contracts, title records, and zoning/land use ordinances
Evaluating your legal rights and options to help you understand how you can pursue a resolution of your dispute
Pursuing a settlement of the dispute without needing to resort to litigation, if possible, by seeking a favorable outcome through negotiations or mediation
Filing litigation to defend your interests in court if necessary
Exploring every avenue to preserve your property rights or minimize your financial losses

When faced with a real property dispute, having an attorney with extensive experience in transactional law and litigation will ensure that you can pursue every option to seek the results you want and deserve.

Why Choose Bristlecone Law?

A real estate dispute can put your property or financial interests at risk. For this reason, choosing legal representation to advise and advocate for you in a property dispute may prove one of the most important decisions you make as you resolve disagreements or litigation involving property. Turn to the experienced legal team at Bristlecone Law to guide you through a real estate dispute because:

We believe that legal support should feel like a conversation, not a confrontation. We treat every client who walks through our doors with respect and honesty.
Our attorneys put people before process, taking the time to understand our clients’ needs, goals, and concerns, and ensuring they know their options so they can make informed decisions.
Our firm has built deep connections with our local community in Central Oregon, having worked with property owners, businesses, and other members of the legal community.
We focus on resolving the legal issues that affect your land or your business so that you can move forward without the stress or risk of conflict or litigation. You can rest assured that our firm will put in the work necessary to help you sort out your real estate dispute.

Contact Our Firm Today for Guidance and Advocacy in Your Real Property Disputes

If you have legal issues involving real property, you need experienced legal counsel to guide you through your challenges to secure a positive outcome to the dispute. Contact Bristlecone Law today for a confidential consultation with a knowledgeable real estate attorney. We’ll discuss your legal options for seeking a favorable resolution and protecting your property interests.

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