Real estate consists of land, including that which is over, under, and on the property (e.g., oil, minerals, water, crops, buildings, airspace). Legal rights that come with ownership of real estate is often analogized to a bundle of sticks which can be divided not only by the type of estate dictating duration of one’s rights (e.g., fee simple, life estate, future interest, contingent interest, lien), but also by particularized rights to possess, control, use, exclude, enjoy, and dispose of the real property. Disputes involving these rights can arise at different stages in one’s ownership of real estate.
At acquisition or disposition, for example, buyers may have claims against the sellers for fraud, failure to disclose material facts, intentional misrepresentations, or concealment of defects. On the other hand, if buyers breach the purchase and sales agreement, sellers may seek damages for breach of contract or sue to have buyers specifically perform in accordance with the contract. At the same time, real estate brokers and vendors may be liable for professional negligence in breaching duties owed to parties to the transaction.
Moreover, during ownership, adjoining landowners commonly conflict over encroachments, nuisances, or lateral support while guests or business invitees regularly pursue damages for personal injury caused by dangerous conditions on the property. Additionally, when there are competing interests over the property, an action for quiet title can be commenced to obtain a judicial determination of respective rights. Finally, landlords initiate unlawful detainer actions to evict tenants, lienholders seek enforcement of security interests, and concurrent owners pursue forced sales or partitions of assets.
Although there are a multitude of problems implicating real estate, L&K is ready to help identify the issues, analyze the evidence, and develop case strategy to best position its clients for favorable resolution whether by agreement of the parties or verdict after trial. The attorneys at L&K have extensive experience litigating the spectrum of legal issues involving real estate on behalf of various owners, developers, business operators, investors, buyers, sellers, brokers, landlords, tenants, and guests.