Real estate represents one of the largest investments most people make, whether residential property for your family or commercial holdings for your business. When disputes arise over property rights, contracts, or ownership, the financial stakes are high and emotions often run strong. These conflicts rarely resolve themselves and typically require legal intervention to protect your interests.
Our friends at Volpe Law LLC handle real estate disputes ranging from neighbor boundary conflicts to multi-million dollar commercial litigation. A real estate litigation lawyer evaluates your position, gathers evidence supporting your claims, and pursues resolution through negotiation or court proceedings when necessary to protect your property rights and financial investment.
Dispute #1: Boundary And Easement Conflicts
Property line disputes between neighbors are among the most common real estate conflicts. One party builds a fence that encroaches on adjacent property, installs improvements over the boundary line, or claims ownership of disputed land based on adverse possession.
Easement disputes arise when someone has the right to use another’s property for specific purposes like accessing a landlocked parcel or maintaining utility lines. Conflicts develop over the scope of easement rights, maintenance responsibilities, or whether the easement still serves its original purpose.
These disputes require:
- Professional surveys establishing accurate boundaries
- Title research documenting easement creation and terms
- Investigation of historical use and improvements
- Analysis of adverse possession or prescriptive easement claims
We work with surveyors and title professionals to establish factual foundations for boundary claims, then pursue quiet title actions or injunctions when neighbors won’t acknowledge proper boundaries.
Dispute #2: Purchase And Sale Contract Breaches
Real estate transactions involve substantial contracts with numerous contingencies and obligations. Disputes arise when buyers or sellers fail to perform their contractual duties.
Common breach scenarios include sellers refusing to close after accepting offers, buyers backing out without valid contingency releases, parties missing closing deadlines, or disagreements about property condition and required repairs.
According to the National Association of Realtors, contract disputes can derail transactions even after both parties have invested significant time and money. We evaluate whether breach occurred, calculate damages including lost profits or price differences, and pursue specific performance when monetary damages don’t adequately remedy the situation.
Dispute #3: Title Defects And Ownership Challenges
Title problems surface during transactions or years after purchase. These include undisclosed liens, forged deeds, missing heirs claiming ownership interests, or errors in property descriptions creating ambiguity about what you actually own.
Quiet title actions resolve these disputes by asking courts to determine rightful ownership and eliminate competing claims. These cases require thorough title research, investigation of historical ownership transfers, and sometimes testimony from handwriting analysts or title professionals.
Title insurance typically defends against covered claims, but not all title problems fall within policy coverage. We work with title companies when coverage applies and pursue direct litigation when policies don’t cover the specific defect.
Dispute #4: Construction Defects And Contractor Disputes
Residential and commercial construction projects generate frequent disputes. Contractors abandon projects mid-stream, complete work that doesn’t meet contract specifications, or cause damage to existing structures during construction.
Property owners discover defects in workmanship or materials after construction completes, sometimes years later when problems become apparent. These cases involve mechanic’s liens contractors file to secure payment and defect claims owners assert seeking repair costs.
Construction litigation requires technical knowledge about building practices and materials. We engage engineers and construction professionals who can evaluate whether work meets applicable standards and code requirements, then present this evidence effectively to courts or arbitrators.
Dispute #5: Landlord-Tenant Conflicts
Commercial and residential lease disputes involve non-payment of rent, property damage, unauthorized alterations, lease violation claims, security deposit disputes, and wrongful eviction allegations.
Commercial lease disputes often involve substantial monthly rents and long-term commitments. Questions arise about maintenance responsibilities, permissible uses, assignment and subletting rights, and whether conditions constitute constructive eviction.
These cases move quickly because unpaid rent accrues rapidly and property sits vacant generating no income. We pursue expedited eviction proceedings when tenants breach lease terms or defend tenants against improper eviction attempts by landlords.
The Importance Of Documentation
Real estate litigation depends heavily on documentary evidence. Contracts, deeds, surveys, correspondence, photographs, and inspection reports all play vital roles in proving your claims or defending against accusations.
We help clients preserve and organize evidence supporting their positions. In ongoing disputes, we advise about communications with adverse parties to avoid statements that could undermine your legal position later.
Settlement Versus Trial
Many real estate disputes settle before trial through negotiation or mediation. Settlement preserves relationships between neighbors or business associates while avoiding litigation costs and uncertainty.
However, some disputes require firm legal action. When the other party won’t negotiate reasonably or when important property rights are at stake, litigation becomes necessary to protect your interests.
We evaluate settlement opportunities realistically, advising when offers make sense and when continued litigation better serves your goals.
Protecting Your Property Investment
Real estate disputes threaten both your financial investment and your ability to use and enjoy property. Early legal involvement often prevents small disagreements from escalating into expensive litigation while preserving evidence and legal rights.
If you’re involved in a real estate dispute or believe one is developing, contact our office to discuss your situation. We’ll evaluate your legal position, explain your options, and develop a strategy that protects your property rights and investment while pursuing the most efficient path to resolution.