When people think about real estate attorney services, they tend to focus on the transactional part of the job. Although buying, selling, and transferring property are big parts of the work, dealing with disputes is also fairly common. Let's look at four types of disputes a real estate attorney may have to sort out.
Nuisances
The preferred legal term here doesn't do justice by the concept. A nuisance in real estate law is anything that prevents you from getting the full enjoyment of your property. If you purchased a hillside home that overlooks a scenic bay, for example, it would be a nuisance if a neighbor planted several tall trees that obstructed the view. Similarly, nuisances can arise from noise and air pollution.
Nuisance cases usually hinge on what the environment was like at the time you acquired the property. However, some cases may be decided based on the public benefit of the nuisance, such as a factory.
Easements
Public access to portions of a property frequently upsets owners. For example, many states have easements that allow people to move freely along the edges of waterways. In some cases, they can even fish and hunt in those areas. Determining whether such an easement exists can be a very involved process. A real estate attorney will review a variety of sources, including the laws as they're currently written and as they were at the time of acquiring the location.
Geological Changes and Property Lines
Suppose a portion of your property was radically changed by a major geological event, such as an earthquake. What happens to the portion of your property that's now several feet on the wrong side of the previous property line? For that matter, what happens to the water and mineral rights? Every jurisdiction has a process for handling these changes, but they can be tricky to navigate.
Zoning and Usage
Few things can be as depressing as realizing that a government agency or even a neighbor has a say in how you use your property. After all, you paid for the right to use it, didn't you?
These sorts of cases can lead to outcomes that range from the mundane to the absurd. Oftentimes, a property owner simply needs to petition their city council for a variance on the current zoning. Disputes can get out of hand, however, if rules are strict or someone highly motivated decides to oppose your choice of uses.
For more information on real estate law disputes, reach out to companies like Souders Law Group.
Share22 May 2020
My name is Noni. When I was in college, I was hit by a car while crossing the street. My life was never in danger, but I did break a few bones and had a lot of huge medical bills. I was hoping I wouldn't have to get involved with an attorney, but unfortunately, it came down to that. I used a family friend who is an accident attorney to get some compensation. A few years later, I was hit while riding my bike and had to go through the same process. I suppose I'm lucky to be alive. And it's thanks to accident attorneys that I have been able to put my life back together. I started this blog as a way to let others know just how much lawyers can help you in certain situations.