Real estate disputes that vary in nature and complexity arise from disagreements between parties. Lawsuits over these disputes are common. In New York City courts alone, attorneys file more than 10,000 lawsuits each year for real estate disputes.
Landlord-tenant disputes are common, particularly concerning lease agreements. Conflicting expectations and interpretations of lease terms and conditions can lead to these disputes. Lease issues often arise from maintenance responsibilities, housing discrimination, security deposits, or termination of tenancy for nonpayment, property destruction, or involvement in crime while renting.
Lawyers help resolve landlord-tenant disputes by reviewing leases and educating clients on their rights and responsibilities. In some cases, lawyers may guide clients through eviction or termination proceedings and represent them in court. These lawyers also address maintenance issues, such as landlord repair obligations and tenant damages.
Property ownership is another common cause of real estate disputes. These disputes may arise when a portion of the property is damaged or has hidden issues, such as environmental hazards or structural defects. Fraudulent property transfers or errors in recording deeds can also lead to property title issues, which may require legal action to resolve.
Real estate lawyers can protect clients from ownership disputes by conducting due diligence, examining documents, and performing title searches to ensure a clear title before acquiring a property. This investigation can identify discrepancies or liens on the property. For example, lawyers can find out if an inherited property is under the beneficiary's name on government records to let their client know they can proceed with the purchase. In co-ownership disputes, attorneys can draft and review ownership agreements that address management and decision-making, mitigating the risk of future conflicts.
Another real estate dispute is defining property boundaries. These disputes arise from disagreements or misperceptions about lot lines, overlapping yards, or encroachments where a structure extends onto a neighboring property. Unclear property descriptions and outdated surveys often cause these disputes.
Attorneys can help with boundary disputes by checking official records and conducting surveys to determine accurate property lines, which they can use as evidence to support their clients' claims. As spokespeople for their clients, attorneys can prevent contentious communication with neighbors and manage all correspondence and negotiations. If necessary, they represent clients in court. They also help prevent adverse possession by sending parties desist letters, filing lawsuits, or initiating negotiations.
Zoning and land use issues, often arising from disagreements between property owners and local governments, also lead to legal disputes. These disputes occur when property owners violate setback ordinances by building structures too close to property boundaries or failing to meet building code standards. Conflicts also occur when property owners use their land against zoning regulations, such as engaging in industrial activities in a residential zone. Real estate attorneys assess the case strength by reviewing laws and regulations and advise their clients to proceed with litigation or pursue alternative resolutions, such as rezoning or requesting exceptions or deviations from zoning regulations. Attorneys aim to attain the best possible outcome for their clients.
Disclaimer: This does not constitute legal advice. No attorney-client relationship created.
