Common Types of Real Estate Disputes
Real estate transactions can be both exciting and intimidating. Whether you're buying a dream home, selling a property, or managing a commercial real estate deal, the stakes are often high. These transactions involve substantial financial investments, formal written agreements, and numerous legal obligations. With all these complicated details, it's no surprise that disputes are a common occurrence in real estate.
If you're in the middle of a real estate-related conflict, you likely know how overwhelming and stressful the situation can be. It’s a position no one wants to face, but unfortunately, one that many do. When these disputes arise, enlisting the help of a knowledgeable and experienced real estate attorney can make a world of difference.
Based in Madison, Mississippi, Attorney Macy D. Hanson is dedicated to helping clients resolve real estate disputes with clarity and confidence. With over 10 years of experience and a practice that serves clients across the United States, The Law Office of Macy D. Hanson, PLLC, has become a trusted resource for those looking to protect their rights and assets. Attorney Hanson offers free consultations to provide access to legal guidance when you need it most.
Common Types of Real Estate Disputes
Real estate disputes can take many forms, from boundary disagreements to contract issues. However, there are several ways that these conflicts can be effectively addressed. Understanding the types of disputes and armed with support from an attorney, you can be better prepared to handle the challenges that may come your way.
Boundary Disputes
Boundary disputes are among the most frequently encountered real estate issues, particularly between neighboring property owners. These disagreements often involve questions about where one property ends and another begins.
Boundary conflicts can arise from inaccurate property lines on deeds, encroachments, or misunderstandings between neighbors. For example, a neighbor’s fence or driveway may inadvertently extend onto your property, sparking tension and legal questions. Resolving boundary disputes often requires detailed property surveys, thorough legal research, and, in some cases, courtroom intervention.
Breach of Contract
Every real estate transaction involves a binding contract, which outlines specific terms and expectations for both parties. When one party fails to fulfill their obligations, whether it's the buyer failing to secure financing or the seller not completing repairs as agreed, a breach of contract dispute may arise. Litigation is sometimes necessary to address these breaches and pursue adequate compensation for the injured party.
Title Issues
Property titles are the foundation of real estate ownership. If a title is unclear, contains errors, or is subject to liens or claims by another party, the situation can quickly escalate into a legal dispute. For example, unresolved liens or fraudulent claims of ownership can hinder a sale or create financial risks for the buyer. Title insurance can help mitigate some issues, but when disputes occur, an experienced attorney can help resolve the matter to protect the rightful owner’s interests.
Landlord-Tenant Disputes
Landlords and tenants can sometimes find themselves at odds over issues such as lease agreements, property maintenance, security deposits, or eviction proceedings. Whether you are a landlord trying to enforce the terms of a rental agreement or a tenant who feels their rights have been violated, these disputes can quickly escalate without proper legal guidance.
State-specific landlord-tenant laws often play a crucial role in resolving such disputes, and an attorney can help make sure you comply with the relevant laws and regulations.
Easement Conflicts
Easements grant individuals or entities the right to use another person’s property for a specific purpose, such as accessing utilities or using a shared driveway. These arrangements are typically recorded in property deeds, but misunderstandings or encroachments can lead to disputes.
For instance, disputes may arise if a property owner blocks an easement route or if the uses of an easement exceed what was initially agreed upon. Resolving easement-related conflicts often requires legal intervention to determine each party’s rights and obligations.
Zoning and Land Use Disputes
Zoning laws play a significant role in real estate, dictating how land can be used within a specific area. Issues often arise when property owners, developers, or businesses attempt to use land in ways that violate local zoning ordinances.
For example, building a structure in a residential area that is zoned strictly for single-family homes could lead to disputes with neighbors or government authorities. Resolving zoning issues typically involves working with local municipalities and, when necessary, challenging zoning decisions in court.
Real Estate Fraud
Unfortunately, not all parties in a real estate transaction act in good faith. Real estate fraud can take many forms, including misrepresentation of property conditions, falsified documents, or predatory lending practices.
Fraudulent behavior undermines trust and can also result in significant financial losses. Attorney Hanson is well-versed in uncovering fraudulent actions and helping clients pursue justice against those who seek to deceive.
Construction Defects
Newly constructed or renovated properties are expected to meet specific quality standards. However, construction defects, such as faulty wiring, structural issues, or poor workmanship, can sometimes lead to disputes among buyers, sellers, contractors, and developers. Resolving these problems, therefore, often requires expert inspections, negotiations, or legal action against the responsible parties.
Skilled Legal Representation for Real Estate Disputes
Real estate disputes can be daunting, but understanding the most common types of conflicts can help property owners, buyers, and sellers feel more prepared. Whether dealing with a boundary issue, a contract breach, or any other real estate-related disagreement, having access to reliable legal guidance is crucial.
With over 10 years of experience addressing a wide range of real estate matters, Attorney Macy D. Hanson at The Law Office of Macy D. Hanson, PLLC, is dedicated to helping clients find resolutions and protect their interests. Offering free consultations and serving clients across the United States, Attorney Hanson provides empathetic and highly skilled representation for when you face challenging real estate disputes.
