Posted on January 31, 2024 in Real Estate

Real estate is a complex and multifaceted field that involves numerous legal concerns, and there are a variety of reasons that disputes may occur. When conflicts arise, real estate litigation may become necessary to resolve these issues through the court system. Buyers or sellers who are involved in real estate transactions or property owners who encounter legal concerns can work with an attorney to determine their best options for resolving disputes through civil litigation or other methods. Some common issues that can lead to litigation include:

Property Boundary Disputes

There are a variety of situations where property owners may encounter property line or boundary disputes. These disputes can arise when neighboring property owners have disagreements over where property lines are located, or they may be related to encroachments, easements, adverse possession claims, or conflicting survey results. In these cases, litigation may be used to address the legal issues involved in these disputes, and steps may be taken to determine the accurate location of property boundaries and settle any related ownership rights or obligations.

Breach of Contract

In real estate transactions, purchase agreements can ensure that buyers and sellers understand their rights and obligations. However, there are cases where one party may fail to fulfill their obligations as outlined in the terms of a real estate purchase contract. A breach of contract could include a failure to complete a purchase or sale on time, failure to disclose material defects in a property, or attempting to back out of a transaction without a valid reason for doing so. When contract breaches occur, one party can seek legal recourse through real estate litigation, and they may seek compensatory damages for financial losses resulting from the breach, or they may attempt to force the other party to fulfill their contractual obligations.

Title Defects

A clear title is essential for any real estate transaction, since it provides evidence of lawful ownership without any competing claims or liens against the property. If there are title issues, such as undisclosed mortgages, unresolved tax liabilities, or fraudulently obtained deeds, this can create substantial complications for both buyers and sellers. Real estate litigation can help resolve title defects by establishing clear ownership rights and resolving any competing claims or encumbrances on the title.

Zoning and Land Use Disputes

Land use regulations and zoning ordinances govern how property can be used in specific areas. These regulations aim to maintain community aesthetics, protect public health and safety, manage natural resources, and balance various land-use interests. However, conflicts may arise between property owners and local government entities regarding these zoning restrictions. For example, a homeowner may want to operate a small business from their residential property, but this may violate local zoning laws. In such cases, real estate litigation may allow property owners to challenge zoning decisions made in hearings or appeals.

Eminent Domain

Eminent domain refers to the government’s power or right to take private property for public use while providing just compensation based on fair market value. In situations where property owners learn that the government intends to seize their land, real estate litigation may provide options for defending against the loss of property.

Contact a Milwaukee, WI Real Estate Litigation Attorney
If you are facing any of the aforementioned real estate issues, or if you have encountered disputes that may need to be resolved through the legal system, Gimbel, Reilly, Guerin & Brown, LLP can provide you with legal help and representation. Our Milwaukee real estate litigation lawyers can guide you through the complexities of real estate law, help you negotiate agreements when possible, and represent your interests effectively in court when necessary. Contact us today at 414-271-1440 to schedule a consultation with one of our trusted attorneys.