Real Estate Litigation Issues & How to Navigate Them

Real estate disputes are becoming all too common in today’s market among residential property owners, condominiums, commercial real estate developers, and more. Some of these disputes can be handled outside of court, but some litigation can become necessary when the parties involved cannot come to an agreement. Our Franklin real estate team outlines some of the most common litigation issues below.

Breach of Contract

Sales agreements in real estate are contracts. The sales contract on the property will contain a number of terms and conditions that both parties to the contract must comply with.

These conditions include:

  • Provisions about the closing date
  • Title clearance
  • Financing
  • What will be included with the property purchase

Litigation can come about when either party fails to follow the terms set within the contract, and the other party chooses to sue for breach of contract.

Boundary Disputes

When parties in a real estate transaction have not correctly set property lines, real estate litigation typically isn’t too far behind. In some cases, property boundaries are simply not registered correctly. And others, a practical property line used by the people who currently live on the property does not match the legally registered property line.

This can be avoided by researching the legal boundaries of the property. After researching the boundaries, your lawyer will warn you about any potential lawsuits that could arise as a result.

Eminent Domain Disputes

Eminent domain is the mechanism that allows for the legal acquisition of private land for public use by the government with proper compensation. Even still, eminent domain cases are heavily contested as they relate to real estate development and land-use law.

There are typically four main defenses against property condemnation by the government:

  • The government lacks the authority to condemn the property
  • The government lacks a sufficient public purpose for condemnation
  • The government does not want the property for a public project
  • The government has not offered proper compensation for the property

Eminent domain disputes are extremely complex, meaning hiring experienced legal professionals to assist you is the best way to handle these cases.

Speak With Our Tennessee Attorney

When real estate issues go unsolved, they can result in large financial losses and setbacks. No matter what type of real estate issue you run into, the team at Puryear, Newman & Morton, PLLC is equipped to help keep your rights and interests intact each step of the way.

To schedule a consultation with a member of our family law team, call us at (615) 933-2366 or visit us online.