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Having a real estate litigation attorney on hand is a smart move for any business that is involved in real estate transactions. This is because a litigation attorney will have the skills to deal with any disputes that may arise in real estate transactions. These may include boundary disputes, fraud and partnership disputes.
Boundary disputes
Disputes over property lines can get heated and costly. Fortunately, there are ways to solve the problem without resorting to litigation. In fact, litigation is usually not the best option for many people. Rather, a simple and friendly solution may be the best way to keep your relationship with your neighbors in good standing.
The most obvious solution is to work with a knowledgeable real estate attorney to find out if your neighbor's claims are legitimate. An attorney can also help you file the appropriate legal documents and ensure they are filed in the right way. An attorney can also perform a full title search and appraise your neighbor's property. If your neighbor is persistent in his or her claims, you may need to file a lawsuit to get the ball rolling.
Typically, boundary disputes arise from technical, legal or financial reasons. They may also involve multiple unrecorded deeds. In some cases, a boundary dispute may be the result of a misunderstanding or a misreading of the deeds. It's important to understand your rights before you start the negotiation process.
The most common boundary dispute involves an erected fence that crosses over the property line. Fence installers often erect fences without surveying the property first. This can result in a costly mistake. If your neighbor has an existing deed that states the same property, you can use this document to prove your claim.
Another type of boundary dispute involves adverse possession. This is when a neighbor claims ownership of land on the other side of an agreed-upon boundary line. The encroaching party pays for surveying and legal fees. The encroaching party then "acquires" the burdened property.
The monetary impact of boundary disputes may be small, but the stress involved can be considerable. Working with an attorney can help to resolve the problem without unnecessary tension or expense. You can also take a proactive approach by educating yourself about the legal jargon involved in real estate transactions. Having a clear boundary line is essential to maintaining a good relationship.
The real trick is deciding which option is right for you. A skilled real estate attorney can help you evaluate your options and negotiate an appropriate solution.
Fraud and partnership disputes
Whether you're a real estate investor or a business partner, you need to be prepared to enforce your contract when fraud or other misconduct occurs. An experienced attorney can help you minimize the negative effects of fraud. A lawyer can also help you draft agreements related to the dispute.
In real estate litigation, fraud occurs when a party knowingly makes a false representation about the property. It can include a misrepresentation about the title, permitting, lending, regulatory issues, or other property conditions. A party that knowingly engages in fraud may be liable for civil liability and criminal penalties.
Business partners have a fiduciary duty to act in the best interests of their company. This means that they must act as the company's representative, protect the company's interests, and keep the company's assets in good standing. If a business partner knowingly engages in fraud, they may be liable for civil or criminal penalties. If you are considering suing a business partner, it's important to get advice from a Biloxi business lawyer.
If you are the owner of a real estate investment firm, you may have been the victim of a fraudulent real estate transaction. In this type of case, you can claim breach of contract, breach of fiduciary duty, or unjust enrichment. Depending on the circumstances, you may be able to recover damages, accounting costs, or fee forfeitures.
In partnership disputes, a partner can be sued for breach of fiduciary duty. In these lawsuits, a business partner is accused of knowingly violating the company's interest by stealing money or diverting the best real estate deals. If you believe your partner has engaged in fraud, contact an attorney immediately.
Real estate litigation is a broad area of law. It can spill into other areas of law, such as construction, construction related lawsuits, friends and family fraud, and more. These types of lawsuits are often complicated and require a lawyer with experience.
A lawsuit can be the only way to get the money you need to keep your business running. You may also be able to recover damages if your business partner knowingly violates your fiduciary duty.
Common situations requiring a real estate litigation attorney
Whether you are a buyer or seller of real estate, you may encounter legal disputes. These disputes are often the result of failure to perform obligations in a real estate contract. Real estate litigation lawyers can help you with these disputes and protect your legal rights.
Real estate is one of the most important assets that an individual owns. It is one of the biggest investments a person can make. Therefore, it is important to work with an experienced attorney to help protect your legal rights.
Whether you are a buyer, seller, landlord, or tenant, you can use real estate litigation to protect your interests. This type of litigation is often used to obtain declaratory relief or injunctive relief. Injunctive relief is a remedy that requires the wronged party to do something, such as stop a sale.
Real estate litigation attorneys can also help you with a variety of other disputes. Often, these disputes involve property tax assessment and property insurance.
Other disputes involve property boundary disputes. These disputes can occur when a tree or other feature is removed or when a fence line is inaccurate. These issues may also arise from zoning violations. Whether you are a buyer or seller, an experienced real estate attorney can help you avoid these problems.
Real estate disputes can also involve disputes between co-owners. These issues may arise when some want to sell while others want to keep the property. These issues can vary from state to state, but are usually handled through formal processes.
Real estate litigation can also involve disputes between lenders and borrowers. These disputes can involve loan commitments and debt recovery.
In addition, disputes can also arise between real estate agents and buyers. These issues may involve issues with the property or with the agent's handling of the transaction. Real estate agents must act in the best interests of their clients. They must disclose information that can help the buyer make an informed decision. If a real estate agent knowingly sells property with a defect, the buyer has the right to file a lawsuit against the agent.