Common Causes Of Real Estate Litigation
September 02, 2024
Real estate transactions can sometimes be complicated, involving big investments and legal intricacies. When disputes arise, they can lead to real estate litigation, which can be both time-consuming and costly. Knowing the common causes of these disputes can help prevent litigation and resolve issues more efficiently. Here are the main reasons behind real estate litigation in New Jersey and New York.
Causes for Real Estate Litigation
- Breach of Contract
One of the biggest causes of real estate litigation is the breach of contract. This happens when one party does not fulfill their obligations as outlined in the agreement. Common breaches include failure to close on a property, non-disclosure of property defects, or not completing repairs as promised. When a breach occurs, the injured party may seek legal remedies like specific performance, where the court orders the breaching party to fulfill their contractual duties, or monetary damages to compensate for losses.
- Title Disputes
Title disputes occur when there is a disagreement over the ownership of a property. These disputes can involve unclear property boundaries, contested ownership claims, or issues arising from liens and encumbrances on the property. Title insurance can reduce some risks, but disputes may still require legal intervention to resolve. Resolving title disputes is necessary to clear ownership and to transfer property without legal complications.
- Land Use and Zoning Issues
Conflicts over land use and zoning regulations are another common source of real estate litigation. Property owners can find themselves in disputes with local government authorities or neighboring property owners over permitted uses of the land, zoning changes, or compliance with zoning ordinances. These disputes can greatly impact property values and development plans. Legal action may be necessary to challenge or defend against zoning decisions, variances, and land use regulations.
- Landlord-Tenant Disputes
Landlord-tenant disputes frequently lead to litigation, especially in commercial real estate. Common issues include lease violations, non-payment of rent, property damage, and disagreements over lease terms. Both landlords and tenants can seek legal recourse to enforce lease provisions, recover damages, or terminate the lease. Knowing and clearly outlining lease terms can help prevent many of these disputes.
- Boundary and Easement Disputes
Boundary disputes occur when there is uncertainty or disagreement about property lines between neighboring properties. Easement disputes happen when there is a disagreement over the right to use another’s property for a specific purpose, like access to a roadway or utility lines. These disputes often require legal resolution to establish or clarify property boundaries and easement rights, so property use is not impeded.
- Construction Defects
Construction defects can lead to legal battles in real estate. These defects might involve structural issues, substandard materials, or failure to adhere to building codes.
Property owners may file lawsuits against builders, contractors, or developers to recover the costs of repairs and damages. Effective contract management and thorough inspections can help reduce these risks.
Protect Your Real Estate Interests with Expert Legal Support
Real estate disputes require careful legal handling to protect your interests and provide for a favorable outcome. For expert guidance in real estate planning, including issues related to estate litigation and wills and trusts, consulting with experienced legal professionals like Choi Law Firm is essential.
Comprehending and addressing the common causes of real estate litigation is imperative to safeguard your investments. For competent legal assistance with real estate disputes, including matters related to estate litigation and wills and trusts, seek the expertise of the skilled attorneys at Choi Law Firm.
Call us at 201-613-5557 in Fort Lee, 718-673-2752 in Flushing, or use our convenient online contact form to reach out.
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