Frequently Asked Questions About Property Disputes
When should I consult with a property dispute lawyer?
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.
Why is it important to have an attorney draft my 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.
What type of lawyer do I need for property disputes?
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.
What is one of the most common reasons people hire property dispute lawyers?
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.
What other types of property disputes are common in California?
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.
My neighbor cut down my tree on purpose, can I recover damages?
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.
Is it easy to win an adverse possession claim in California?
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.
Contact Property Dispute Lawyer, Lloyd Winter
If you are facing a property dispute, our experienced attorneys can help. Contact us today.
Need a Landlord Tenant Attorney? Call Lloyd Winter
Navigating the complexities of landlord-tenant law can be challenging. But, you don't have to do it alone. Schedule a consultation with Lloyd Winter, an experienced Landlord Tenant Attorney who is committed to protecting your rights and interests as a landlord. Don't let legal issues disrupt your peace of mind or your business. Let's discuss your specific needs and devise a plan that works best for you. Contact us today and take the first step towards a stress-free landlord experience.
Efficient and No-nonsense
Brian Liu, Esq., Founder of LegalZoom and BizCounsel
I am an attorney myself, and I’ve worked with hundreds of lawyers in my career. I also run a small real estate fund, and unfortunately, we got into a sticky situation with title – specifically, there was an undisclosed lien, and since we already sold the property, title insurance wouldn’t defend. I hate that title company! In any case, we were almost served with a default judgment, but fortunately, Jody and the team saved us. They’re efficient, no-nonsense, and got the job done. We didn’t need to overpay, and we got a good result. I’ve worked with Jody before, and I would not hesitate to work with his firm again.
Helpful and Professional
Mark Boddy, Larry Corona Construction, Inc.
Jody Winter and his team have provided great legal service to me and my small business. I would highly recommend them.
Mr. Winter was very helpful in helping me get a final bonus from my previous employer. He wrote several letters and helped with the negotiations with my employer's attorney.
Worked Hard on my Behalf
Jody Winter and the LloydWinter, P.C. team did a great job for me in a business litigation case that we had! They took on a bigger firm and worked hard on my behalf. I would highly recommend that you use them for any litigation matter you have.
Couldn't Have Asked for Better Legal Help
I couldn't have asked for better legal help. Sean never let me give up, believing in me until the very end. I hope I never need legal counsel again, but if I do this is where I'm going.