Disputes over home properties make up a significant portion of lawsuits filed each year. Since home property and real estate are complex issues, there is potential for many different legal conflicts. Some common home property disputes include:
- Disputes over deeds, titles, and boundaries
- Disputes over zoning and land use, especially for properties located near business zones
- Home loan and mortgage issues
- Foreclosure proceedings
- Disputes regarding construction, additions, or improvements
In addition, home property disputes can often be a part of other legal disputes. For instance, many will disputes or trust disputes have to do with the distribution of home property interests among beneficiaries.
What Are the Legal Remedies for Home Property Dispute?
Monetary damages awards are a common remedy in a home property dispute claim. However, home property disputes are often unique in that a monetary damages award is not always the immediate remedy. In many home property dispute cases, the main dispute is over title, and a monetary award might not be suitable. Also, one party might be insolvent, meaning that the party has no funds, and a damages award might not plausible.
In such cases, a judicial sale of the property might be a remedy. This is where the court oversees a sale of the home, with the proceeds going to the other party. This is common in cases involving foreclosure due to failed mortgage payments.
Another common remedy is an injunction requiring the defendant party to take certain actions. For instance, the party may be required to redraw property lines according to county records, or the party may be required to change their use of the land if it violates safety or land use standards.
Do I Need a Lawyer for Help with Home Property Disputes?
Disputes over home properties can often be complex. They may require the assistance of a qualified real estate lawyer. Real estate and property laws can vary from state to state, but an experienced attorney in your area can assist you with any questions you may have. If you need to file a claim or initiate a lawsuit, your attorney can advise and represent you during the process.