How Can You Resolve Property Disputes Through Real Estate Litigation?
Property disputes can quickly become heated and costly. Whether it's a disagreement over a fence line, a landlord-tenant issue, or a breach of a purchase agreement, these disputes often require legal intervention. Real estate litigation offers a structured process for resolving these disagreements when informal negotiations fall short.
In California, real estate laws are detailed and specific. That’s why it’s so important to understand what options are available when you're faced with a dispute. The Law Office of David J. Hollander in San Diego, California, provides dedicated legal representation to clients facing real estate disputes, helping them reach practical resolutions through litigation.
Common Types of Real Estate Disputes
Real estate litigation can arise from a wide range of issues. Some involve disagreements between private parties, while others may include developers, landlords, or even local government bodies. Here are some of the most common situations that lead to legal action:
Boundary disputes: Neighbors often disagree over property lines, especially when fences, driveways, or landscaping encroach on adjacent land. These disputes may require a survey, title research, or court-ordered correction of records.
Breach of contract: When one party doesn’t fulfill the terms of a real estate purchase agreement, the other party may seek damages or specific performance through litigation.
Easement and access issues: Disagreements about rights-of-way or shared access to a property can require court intervention, especially if the easement wasn't properly recorded or is being misused.
Title disputes: Conflicts may arise if more than one party claims ownership or if there are problems with a deed, lien, or prior title transfer.
Landlord-tenant issues: Litigation may be necessary when rent is withheld, repairs aren’t made, or tenants are wrongfully evicted.
Construction defects: Buyers and homeowners sometimes bring lawsuits when newly constructed or remodeled property contains structural or material flaws that weren’t disclosed or corrected.
After identifying the type of dispute, the next step is to evaluate whether legal action is appropriate. In some cases, negotiation or mediation may be tried first, but when those don’t work, litigation becomes necessary.
Steps Involved in Real Estate Litigation
When you're dealing with a property dispute, knowing what to expect from the litigation process can help you prepare. Here's how the legal process typically unfolds:
Filing a complaint: The process begins when one party files a complaint in court. This document outlines the dispute and what the plaintiff is asking the court to do.
Response from the other party: The defendant then responds to the complaint, either admitting, denying, or providing their version of the facts.
Discovery phase: Both parties exchange documents, interview witnesses, and gather evidence. This stage helps each side build its case.
Motions and pre-trial hearings: Before the trial, attorneys may file motions to dismiss certain claims or request summary judgment if the facts aren’t in dispute.
Trial: If the case isn’t resolved through settlement, it proceeds to trial, where a judge (and sometimes a jury) hears the arguments and issues a ruling.
Appeals: If one party disagrees with the outcome, they may appeal the decision to a higher court.
Litigation can be lengthy, but it often leads to outcomes that clarify legal ownership, enforce contract terms, or stop ongoing harm to property value.
Ways to Resolve a Property Dispute Without Trial
Not all real estate disputes have to end up in court. Many are settled before trial through alternative dispute resolution methods. Here are a few paths to resolution that don’t involve a full trial:
Negotiation: Sometimes, just having an attorney reach out to the other party with a clear position and proposed resolution is enough to settle the issue.
Mediation: A neutral third party helps both sides come to an agreement. Mediation is often less formal and less expensive than court proceedings.
Arbitration: In this process, a neutral arbitrator hears both sides and makes a binding decision. It’s more structured than mediation but still faster than a trial.
Settlement conferences: These are court-facilitated meetings where the judge or a court-appointed official encourages both sides to reach a deal.
These methods can save time and legal costs while still protecting your real estate rights. If informal solutions fail, though, litigation remains a viable option.
Key Legal Concepts Involved in Real Estate Disputes
California real estate litigation often involves several legal principles that affect the outcome. Understanding these concepts can help you see what’s at stake and how courts make decisions:
Quiet title actions: These lawsuits settle questions about who truly owns a piece of property. They’re especially common when multiple deeds exist or ownership history is unclear.
Ejectment actions: If someone occupies land they don’t have the right to use, an ejectment lawsuit can remove them.
Specific performance: When a party fails to close a property sale, the court can order them to follow through with the agreement rather than just pay damages.
Partition actions: When two or more people co-own property and can’t agree on how to use or sell it, courts can divide the property or force a sale.
Lis pendens: This is a legal notice that there’s an ongoing lawsuit involving the property, which can affect a potential buyer’s willingness to purchase it.
These legal tools help courts make sure property rights are enforced and disputes don’t drag on indefinitely.
What to Consider Before Filing a Lawsuit
Before heading to court, it’s important to weigh the benefits and risks. Real estate litigation can be worth the time and money in many cases, but it’s not always the right solution. Ask yourself the following questions first:
Is the issue significant enough to affect your property rights or financial investment?
Have you gathered evidence like contracts, deeds, photos, or correspondence?
Have you tried to settle the dispute directly or through mediation?
Are there time limits (statutes of limitation) that apply to your type of dispute?
Are you willing to commit time and legal fees to pursue the outcome you want?
Sometimes, the mere threat of litigation is enough to push the other party toward compromise. Other times, only a court ruling can settle the matter. For more information, get in touch with Attorney David J. Hollander.
How Real Estate Attorneys Help During Litigation
An attorney who focuses on real estate law can help protect your interests at every step of the litigation process. Their role goes beyond filing paperwork—they provide strategy, advocacy, and representation that aligns with your goals.
Reviewing and drafting legal documents: Real estate attorneys understand how to structure claims, motions, and responses to protect your rights and meet court requirements.
Advising on legal options: They help you decide whether to settle, mediate, or push forward with a trial based on the facts and potential outcomes.
Managing the discovery process: Lawyers collect, review, and present documents that support your position, while also challenging weak or improper claims from the other side.
Negotiating settlements: An experienced attorney can often resolve disputes favorably without ever setting foot in a courtroom.
Representing you in court: If the case does go to trial, your attorney will make legal arguments, question witnesses, and present evidence on your behalf.
With so many different legal concepts involved in real estate disputes, having an attorney who understands the law in California can make a real difference in how the case turns out.
Why California Real Estate Litigation is Unique
California has specific laws and regulations that influence how property disputes are handled. From zoning rules to property taxes to unique disclosure requirements during sales, real estate law in California is shaped by local and state legislation. Some unique factors include:
Proposition 13 implications: Property tax disputes may hinge on how a property was assessed, particularly when ownership changes.
Environmental regulations: Properties near coastlines, wetlands, or endangered habitats may be subject to additional land-use rules.
Community associations: Homeowner associations (HOAs) can enforce covenants, conditions, and restrictions (CC&Rs) that affect how you use your property.
Wildfire risk disclosures: Sellers must comply with California’s unique disclosure laws regarding fire hazards and other risks.
Whether you’re a homeowner, buyer, or developer, it’s important to work with legal professionals who understand these local and state-specific rules.
Take What's Yours: Call Today
From boundary issues to breach of contract, the legal system can help protect your rights and restore your peace of mind. By understanding the process, knowing what to expect, and working with a qualified attorney, you can resolve real estate conflicts effectively and move forward with confidence. The Law Office of David J. Hollander serves clients in San Diego, California, and throughout San Diego County. Contact the firm today.