When Might You Need Real Estate Litigation?

Real estate is a popular investment opportunity, but like any investment, you may need legal help in some instances. Real estate litigation helps you solve a problem that can drastically impact your investment. To learn more, check out these four reasons you may need real estate litigation.

1. Zoning Disputes

For the most part, zoning disputes include incorrect zoning types and incorrect zoning maps. Different types of land are zoned for different uses, such as commercial, single-family dwellings, or multiple-family dwellings (condos and apartments). If you create a commercial business in a residential zone, you could potentially be in serious trouble.

A real estate litigation attorney can help solve any confusion or problems regarding different types of zones. For example, you may have been misinformed the area was zoned for multiple-family dwellings when it's only zoned for single-family dwellings.

On the other hand, you may have a zoning dispute with your neighbor regarding the property line. In addition, you may have zoning disputes with a nearby commercial business. The building, for example, may obscure vision, or the parking lot may be in a residential zone.

2. Easements

An easement is an agreement that someone other than the property owner can frequently and regularly use the property. In many cases, easements are for necessity. If your neighbor can't access their house without driving down your driveway, they need an easement. In some cases, an easement forms slowly after long use, such as a shortcut through the property. If the owner knew about the trespassing but did nothing to stop it, an easement may form.

An easement transfers with the property, so even if you never gave anyone permission to access the property, you may have an easement automatically transferred when you purchase the property. If you want to remove the easement, you'll need a real estate litigation attorney.

3. Encroachments

Encroachments occur when your neighbor's property spreads onto your property. This may include building a shed that is partially on your yard. Unlike easements, encroachments are not consensual. They are often unintentional, but they can also be on purpose. Fences are another common problem. If your neighbor doesn't know the exact property line, they may build the fence on your property.

Some encroachments cross onto public spaces. This usually includes structures that extend to the sidewalk or road. The municipal government owns these, and they can remove any encroachments as necessary. Therefore, if you have a necessary encroachment, you'll want to hire an attorney.

4. Landlord and Tenant Disputes

Both landlords and tenants may have disputes that require litigation. Landlords may have issues with tenants who don't pay their rent or regularly pay their rent late, cause damage, don't disclose pets, and break their lease. Ensure you have legal help so you don't end up getting hit with a wrongful eviction lawsuit.

Tenants may also need a real estate litigation attorney if their landlord doesn’t keep the property habitable and make necessary repairs. An attorney can also help if the owner didn't disclose important information about mold, lead, or deaths. Finally, an attorney can also help if the tenant and landlord disagree over whether the security deposit should be refunded. This also includes pet deposits.

Pet deposits are often necessary because pets may cause specialized damage like soiling on the carpet. However, they are not automatically non-refundable and must usually follow security deposit rules. In this case, an attorney can help argue the animal did not cause additional damage and the deposit should be returned.

Real estate often involves a lot of money, so hire an attorney when you have issues. This is especially important if neighbors or local businesses are involved. If you would like to know more, contact us at Shepherd Law Firm LLC today.