Disputes over land and homes compose a substantial portion of all suits filed each year. Because real estate is such a complex issue, there’s a high potential for conflict. Some of the most common disputes include:
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Questions of boundaries, titles and deeds
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Land use and zoning disputes, particularly for properties near business districts
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Mortgage issues
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Disputes over additions, improvements or construction of new and existing homes
Additionally, other legal matters may involve property disputes. For instance, many contested wills and trusts arise from the distribution of assets among heirs.
Legal Remedies in Property Dispute Cases
Monetary damages are commonly given in property dispute cases. However, these lawsuits are unique in that damages are not always an immediate remedy. In many cases, the dispute focuses on matters of title, making a monetary award unsuitable. Moreover, one party may be unable to pay, making economic damages unfeasible.
In cases involving insolvent parties, a judicial sale may be an appropriate remedy. Here, the court supervises the sale of the property, with proceeds going to the wronged party. Judicial sales are common in cases involving mortgages in default. In other situations, an injunction may require the defendant to perform certain actions, such as re-drawing property lines or changing land use.
When Disputes Emerge
When a dispute over a property line or other matter emerges, one should be proactive in solving it. The plaintiff’s first step should be to read the full info here, and to sit down with the other party where both sides will compare legal documents and property surveys. By sharing such information, a Property Lawyer in Santa Barbara CA can help a plaintiff avoid a drawn-out conflict and reduce the need for litigation.
Do Plaintiffs Need a Lawyer’s Help With Property Disputes?
Disputes over land and homes can be very complex, and many cases require the help of a local attorney. Property and real estate laws vary by jurisdiction, and a real estate attorney in the area can answer any question the plaintiff has. If one needs to file a legal claim or start a lawsuit, the Property Lawyer in Santa Barbara CA can provide advice and courtroom representation.
