A property dispute is any dispute between parties about an interest in real property. A wide variety of disputes are possible in connection with interests in property. For example, when there is a sale transaction, the seller wants to be sure that they have title marketability. In a legal consultation in Texas with a Texas lawyer, a person could learn more about the range of possible property disputes.
Title to property is an important basic concept in property law. Title is the complete collection of rights and interests that an entity owns when they own a parcel of real estate. When an owner desires to sell or otherwise transfer their property, they must confirm that their title is clear and free of any possible defects. If an owner can sell their property with a title that is free of defects, they have title marketability.
Whether title is marketable may be a key issue in a lawsuit concerning a property transfer issue.
Who Can Be Involved in a Property Dispute?
Any person who has an interest in property can become involved in a property dispute. Landlords and tenants are often involved in landlord-tenant disputes about the tenant’s payment of rent or the landlord’s maintenance of rental property in a safe and habitable condition.
Neighboring owners can become involved in a boundary dispute. One entity that owns property that is burdened by a covenant that limits the use they can make of their property may become involved in a dispute with the person who benefits from the covenant.
The parties to any of the numerous relationships based on interests in real property may come into conflict and seek to resolve it in court.
What Are Some Common Types of Property Disputes in Texas?
In Texas, various kinds of property disputes come up commonly, for example, the following:
Eminent Domain Law: Governments at the municipal, state and the federal levels all possess the power to take private property in order to make public use of it. Of course, they must pay the owner fair and reasonable compensation. However, an owner whose property is taken may not view the compensation as fair at all. They may challenge the taking itself or the amount of money they are paid for the property.
Homeowners Association Conflicts: Nowadays, many people own homes that are part of homeowner associations (HOAs) or condominium associations (CAs). Common HOA problems involve covenants that may impose burdensome maintenance obligations on homeowners and limit the uses they can make of their property.
Boards of HOAs are legally obligated to enforce covenants and prevent owners from doing things that are prohibited, e.g., making changes to the exterior of their units that do not conform to preset standards of appearance. These conflicts can end up in court.
Property Partition: People often own property jointly or in common. They may come to disagree about whether they want to continue their joint ownership. At some point, one owner may want to sell or transfer their interest.
Disputes may develop when owners disagree on what to do, e.g., one wants to transfer their ownership and move on while the others want to continue their ownership. A property partition dispute can be resolved through a partition action.
Foreclosure: Millions of Americans take out mortgage loans to finance the purchase of their family residence. Unfortunately, a borrower may find themselves unable to make their loan payments. The lender may foreclose on the property, forcing the borrower out and selling the property to pay off the loan.
Find My Lawyer Now!
What Is a “Cloud” on Title?
A cloud on title is any kind of legal claim to an interest in property that creates an unresolved problem with the ownership, i.e., clear title. A cloud on title might be created by a lien on property that has not been released. The lien may have been placed on the property by a contractor who provided a service to a former owner who did not pay the contractor.
A lien stays in place with a parcel of real estate rather than the person or entity who was the owner when the lien was put on the property. A lien could force a buyer of the property to take responsibility for paying the lien to make it go away.
But a cloud on title can be any encumbrance that creates a question about the validity of title to a property. In some cases, it can signal that there is a problem with the ownership of a property. In some cases, it may be that a seller does not have the legal right to sell a property. As noted above, it might be a financial issue that should be addressed by the seller before a sale. If the seller does not resolve it, the buyer might have to do it.
In the course of most property purchases, a buyer would discover such clouds and could resolve them before completing a purchase of the property. If a cloud is not discovered until after the purchase, it could lead to disputes and lawsuits.
Specifically, depending on the nature of the cloud on title, an owner may have to file a quiet title lawsuit. The goal of this lawsuit would be to resolve the dispute and give the owner title that is free of any “cloud.”
What Remedies Are Available for Property Disputes?
The remedy that is available depends entirely on the nature of the case. Some examples of cases and the remedies they may provide are as follows:
An Award of Money Damages: In many lawsuits that involve property disputes, the person who sues would win an award of money damages to compensate them for their economic losses.
Clear Title: A person who files a lawsuit to quiet title would win a title that is free of any “cloud” or title that is free and clear of any claims that conflict with those of the owner.
Eviction of a Tenant: A landlord who sues for the eviction of a tenant who has violated their lease would win the eviction and be able to lease their rental to a new tenant.
Specific Performance of a Contract: if a seller has not gone through with a sale as agreed in a contract, the buyer may win specific performance of the contract for the transaction and finally be able to purchase the property.
Foreclosure of a Mortgage Loan: As noted above, if a borrower cannot make the payments on their mortgage loan, they could lose the property through foreclosure.
Fair and Reasonable Compensation: In a lawsuit for eminent domain, the owner of property may lose the property but recover compensation in a fair and reasonable amount.
Do I Need an Attorney if I Have a Property Dispute?
If you have a real estate problem of whatever type, you need to consult a Texas real estate lawyer. LegalMatch.com can quickly put you in touch with a qualified lawyer who can discuss your situation with you and the nature of your dispute. They can advise you about the options you have for resolving your problem and can lead you to the best possible pathway to the remedy you need to protect your interest in real property.
