Real Estate Litigation Lawyer Miami, FL
As a trusted Miami, FL real estate litigation lawyer knows, when you buy or sell property, you may not be thinking of it as a legal interaction. Sure, you have to sign certain documents and hand things over (or receive property), but it’s not the same as taking someone else to court, right? The truth is, when you have any kind of real estate transaction or dispute that needs legal representation, you should be prepared to go to court. There are a few common types of real estate disputes that our lawyers are familiar with and when you are ready to take legal action and protect yourself, call the team at Perez Mayoral, P.A. We are here to help you.
Common Types of Disputes Involving Real Estate
Especially when it comes to property or where someone lives, people can become defensive quickly. They want to know that what they have is protected and that other people will not try to take something they own. This is one of the reasons real estate disputes can become bitter quickly.
- There are property defects. This can be especially difficult for new homebuyers who are excited to move in, only to discover the plumbing is ruined or the roof leaks so badly it is damaging the floors. Unfortunately, this is not uncommon. The property seller is obligated to disclose defects on the property. You have the right to sue the person who sold you the property if there was a chance that they should have known there was a defect and that they had intentionally tried to hide that defect from you. This can sometimes be difficult because your lawyer will need to prove that the seller knew about the issues.
- There was a breach of contract. It can sometimes be easy to forget that buying and selling property involves legal documents. So, if you signed a contract with another party and you believe that they breached this contract, you should speak with your trusted Miami real estate litigation lawyer. If the other party did not follow through on payment like they were supposed to or did not accurately describe the property, you may have what you need to take them to court.
- There is a property line dispute. One of the most common issues to crop up in real estate is a property line dispute. This could be anything from a neighbor installing a fence that is in your yard, planting trees or shrubs over the property line, or even building construction that encroaches on your yard. You will want to work with your lawyer to get a land survey and see what action can be taken.
Get Help When You Are Dealing With Property Disputes
Property disputes come up often when you are a homeowner, whether it is something that comes up right as you are settling on a house and signing on the dotted line or after you have lived at your home for years. This can occur for many reasons and might be a legitimate dispute between two parties or may come up conveniently if two parties are not getting along. Whatever the property dispute issue, it is crucial that you have a lawyer by your side so that you can ensure you are remaining on the right side of the law and that you have the necessary evidence to back up your property dispute claims.
What kinds of property disputes are there?
There are several kinds of property disputes.
- An easement dispute. You may more commonly see this taking the form of a utility worker coming onto your property and checking electrical lines or water lines. An easement happens when one party owns property or land but allows someone else to use it. When there is an easement dispute, someone may try taking access away from you that allows you to get to your own property or you may be trying to take away someone else’s access so that they do not have the right to come onto your private property. An easement dispute can also be attempting to protect a view you have from your house if a neighbor is trying to build something that will block that view.
- A boundary dispute. This is a common dispute among neighbors and occurs when one neighbor believes that their property ends in place while the other neighbor believes it ends elsewhere. It is fairly easy for your lawyer to help determine where the property line ends by having your property surveyed. It is also possible that if there is a discrepancy in land surveys it can actually show two people own the same piece of land. There will typically be two ways to resolve this: if a neighbor had built something on your property, a judge may require they remove the offending structure. The second is that a judge may be the one to determine where the property line is and whether the structure remains.
- A title dispute. This can occur when one party believes they have ownership over part of a property and happens when there is a problem in the land/property survey. This tends to happen most commonly when someone is trying to sell a home.
Property disputes can be discouraging, especially if you are in the middle of trying to buy or sell a property. You should work with a lawyer who can help you gather necessary evidence, such as boundary maps, titles, and land surveys to help you with your case. Before an issue even comes up, it is important that you have a lawyer who can help you draft your documents to prevent issues or be ready if someone does bring a problem forward. Give our office a call when you are ready for a real estate transaction or property dispute.
Don’t hesitate to reach out to Perez Mayoral, P.A. when you need help with real estate issues. You want to know that you have a lawyer who will be by your side and guide you if you need to pursue litigation. For more information, reach out to our trusted Miami real estate litigation lawyer now.