Lloyd Winter, P.C. is dedicated to helping clients with their property and land disputes with compassionate, knowledgeable counsel. Property disputes are any legal disagreements that involve any type of real estate. Land disputes and other property disputes tend to become heated.
If you are defending yourself against a dispute brought against you or want legal representation to bring a suit against someone else, it is imperative that you have an experienced property dispute lawyer at your side.
One of the easiest ways to recover damages or regain or defend your property rights is to seek the help of a seasoned, knowledgeable property dispute lawyer early. However, should litigation become inevitable, our expertise in this complicated area of law is your best defense. We will help you defend or regain your property rights and look out for your best interests.
Property disputes can escalate emotionally quite quickly. Given that a significant percentage of property disputes are between neighbors, friends, or family members, you should call us for a consultation as soon as you believe your property has been encroached upon or is at risk of encroachment.
You should definitely consult with an attorney before sending a demand letter.
A demand letter is a powerful tool to avoid costly litigation of property disputes.
Demand letters show the offending party that you are seriously considering taking legal action against them. These letters are sent before the lawsuit is started. It is imperative that you avoid sending a demand letter on your own.
It can be difficult to realize the tone of one’s own words when emotionally invested in an outcome, and it is important to keep anger out of this letter. Additionally, an experienced attorney can make sure the letter does not jeopardize a future case due to simple errors. Plus, demand letters are often taken more seriously when drafted by an attorney.
If you are facing a property dispute, you will need the help of an attorney that is experienced in real estate litigation. It is especially important that any attorney you choose has successful litigation experience and a comprehensive understanding of property law in your state.
One of the most common types of property disputes in California are boundary line disputes.
Usually, boundary line disputes arise when one neighbor is changing the layout of their landscaping or adding a fence or wall to what they believe to be their property.
Litigating boundary disputes can get very heated, so it is usually best to get a formal survey when a resolution seems unlikely.
Property surveys establish the boundary line very clearly.
Disputes between tenants and their landlords over property damage are extremely common in California.
Property dispute lawyers in California also regularly handle disputes between real estate developers and homeowners. Sometimes, homeowners in California end up needing help defending against a government agency over easements.
Section 3346 of the California Civil Code does allow you to recover damages if anyone wrongfully injured or removes a tree on your property. Not only are you able to sue for triple damages if the person did it maliciously to harass, vex, or annoy you, but the person who removed your tree could also be subject to criminal charges if the damage was intentional.
Some states have laws that make it exceptionally easy for people to take over ownership of part of someone else’s property through adverse possession. In California, someone who wants to claim adverse possession must meet all five elements of the state’s adverse possession requirements.
First, they would have to show possession under the claim of right or possession under color of title. Secondly, they would have to prove actual possession, open possession and notorious possession that has acted as reasonable notice to the original owner. Next, they must prove that the possession was hostile to the true owner. The definition of “hostile” in property disputes is not “antagonistic.” In property law, hostile possession means that they must do it without permission from the true owner. They must continue to possess it for a five-year period.
Lastly, and importantly, they also must pay all taxes for the property for the five-year period too. Essentially, adverse possession is not extremely easy in this state.
1724 Broadway St # 6,
Fresno, CA 93721
Phone: (559) 838-4644
3315 Silverstone Dr., Ste. B
Plano, TX 75023
Phone: (888) 575-1197
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