There are many different real estate legal disputes that can arise during any transaction. Clients and developers may have a disagreement while residential or commercial property is being developed. Landlords and tenants can argue about non-payment of rent or improper maintenance of the property. Neighbors can encroach on their neighbor’s property. These are just a few of the most common types of disputes.

Any real estate dispute can be confusing. They can even be damaging to your business or your property. It is important that you speak to a Texas real estate lawyer who can help you through the complicated process and answer all of your questions. Below, our seasoned attorney answers five of the top questions we hear.

What is Real Estate Litigation Law?

Real estate litigation is an area of law that addresses disputes involving actual property such as homes, commercial properties, buildings, and land in Texas. Real estate litigation law is intended to protect the rights of property owners and anyone who uses the property. Real estate litigation law governs multiple issues ranging from loans, mortgages, and liens to title disputes, real estate contracts, and landlord/tenant law. Real estate litigation law also provides a process for filing a lawsuit when a dispute requires a resolution, such as those that involve easements or boundary lines.

Real estate litigation is sometimes necessary when a property owner believes another party has violated their rights, such as another property owner, a municipality, or an insurance company. When a property owner feels they need to enforce their rights, they can file a lawsuit with the court. Real estate litigation law is a legal area that is extremely complicated and many people do not understand the laws or process to follow. A Texas real estate lawyer can make sure justice is served and that people’s rights are protected.

What are Common Real Estate Disputes?

Some of the most common real estate disputes involve titles and property rights. These disputes commonly arise when two or more parties disagree about the use or ownership of real property. Some of the most common disputes include quiet title actions, boundary line disputes, and landlord/tenant disputes.

Boundary line disputes occur when two or more parties disagree about the exact location of a property line. Quiet title actions occur when a person attempts to establish that they are the undisputed owner of a specific piece of land. Landlord/tenant disputes occur when a tenant and landlord disagree about issues such as possession, rent, or other matters regarding the rental of the property.

Other real estate issues include easement disputes, contract disputes, nuisance claims, and adverse possession claims. Easement disputes arise when two or more parties disagree about the use of property owned by another party, such as access to natural resources such as water and right of way. Contract disputes occur when two or more parties enter into a contract and disagree about the terms of the agreement. Nuisance claims occur when land is used in such a way that causes another person harm or distress. Adverse possession claims occur when someone hopes to gain ownership of land by using it regularly over a certain period of time.

What Steps Should I Take in a Real Estate Lawsuit?

Every real estate lawsuit will differ slightly from others, as the remedies available are unique to the specific disagreement. However, there are some general steps to take during the process. They are as follows:

• Collect evidence: Before even filing a lawsuit, or responding to one, you should collect as much evidence as possible. Evidence can include contracts, photos, property records, or written correspondence between you and the other party. It can also be helpful to search public records to find important information on the title history of the property. The title history may offer information about liens, ownership, and encumbrances that can help a case.
• Speak to a real estate litigation lawyer: You have the right to represent yourself during a real estate dispute, but it is not recommended. A real estate lawyer can review the facts of your case and provide sound advice regarding the best way to resolve the disagreement. Real estate lawsuits are very complicated and you will greatly benefit from the help of an experienced attorney.
• Consider alternative dispute resolution methods: Not all real estate lawsuits end up in the courtroom. Alternative dispute resolution methods such as mediation can resolve your disagreement in a faster and more cost-efficient manner.
• File a lawsuit: A real estate litigation lawyer will know the process of filing your lawsuit with the court and fully outline your complaint as well as the remedy you are seeking.
• Negotiate: You can negotiate with the other side to reach a settlement agreement at any point during the process. A real estate lawyer will have the necessary experience to negotiate a settlement that is fair.

How Long Does Real Estate Litigation Take?

No one can determine exactly how long your real estate lawsuit will take. The amount of time required depends on the type of dispute, the amount of research involved, and the willingness of all parties to reach an agreement. Still, real estate lawsuits can often take one year or more when they need to be resolved in a courtroom. After reviewing the facts of your case, a lawyer can provide an approximate timeline for your case.

Do You Need a Real Estate Lawyer in Texas?

Again, you are not required to have legal counsel to help with your real estate dispute. However, working with a Texas real estate lawyer will bring you many advantages. Real estate litigation is complicated and one mistake could hurt your case. At Integrity Law Group, PLLC, our experienced attorneys can draft your lawsuit, file it with the appropriate court, meet deadlines, and negotiate on your behalf as your case proceeds. Call us now at (832) 280-9576 or contact us online to request a consultation and to learn more about how we can help resolve your dispute.

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