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REAL ESTATE ISSUES ARE PART OF OUR LIVES. In our world today, we all have to deal with real estate in one form or another.

Many businesses lease property in order to have a location to conduct their business.  The terms and conditions of those lease affect the business which leases the property as well as the landlord who owns the property.

Businesses also frequently by property and seek to develop that property.  Sometimes disputes arise concerning the land they own, restrictive covenants and claims from owners of neighboring property.  

Buying a home is also a part of our lives.  After the closing, issues can arise which affect your use of the land and home you purchased.

Common real estate litigation  issues may include:

Commercial lease disputes.  This situation frequently involves such things as claims by landlords to recover rent and enforce their rights under the lease, including reclaiming the rental property at the end of the lease.  For the tenants this can include such things as requiring the landlord to honor the landlord's commitments to do such things as repairing or maintaining  the property, providing improvements promised in the lease. and protecting from wrongful interference by neighboring leased tenants. 

Boundary disputes.  This type of litigation may include a neighbor claiming land you believe you own. 

Easement disputes.  Access to property is an important part of ownership.  Some easements are created by deed, and others are imposed by law.  Litigation often arises when there is confusion or misunderstanding as to what these access rights are. Absent an agreement, litigation is often needed to resolve the location, ownership and rights related to a disputed easement.

Questions over ownership of property.   Sometimes the actual ownership of property can come into question. This can arise from a variety of situations, including ownership acquired by inheritance or by will.  When the parties cannot agree, litigation may be the only answer to resolve who owns the property. 

Adverse possession.  Adverse possession is a claim to ownership by exercising certain rights over a period of time.  Sometimes this involves a claim to an easement and other times it may involve claims to the land itself.

Condemnation. This type of litigation involves the question of the fair value of land when  a governmental entity like a city, county, state of federal agency wants to take your land.  You want to get a fair value for your property, and sometimes the government may have a different idea of "fair value" than you.  It is wise to have an attorney help you through this process. 

Activities on neighboring land.  Sometimes neighbors engage in activities which may affect your use of land and you may need to file suit to protect your rights. If you are not able to resolve the problem in a "neighborly" way, often the only answer is litigation. 

Enforcement of mortgage rights. Those who hold mortgages in default may need legal help enforcing those rights. Some mortgages can be enforced by the rights granted in a deed of trust and then any deficiency can be enforced by collection action in court. Other mortgages involve enforcement through court.

Damage to your property.  Property can be damaged in a variety of ways.  A common problem is a fire.  These property rights are often enforced by pursuing a claim under your fire insurance or homeowners' property. Other types of property damage may require litigation to recover damages from the person or company causing the damage. 

Attorney David Day has had experience in litigating each of these situations listed above. 





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