In Real Estate law, one thing that you can be sure of is disputes. It usually arises when a person passes without a will. It can be especially ugly when siblings and other family members lash out at each other. It also may arise with landlords and tenants arguing over a variety of things. Some of the most common Real Estate Law disputes are listed below.
This occurs prior to a Will being probated. Property may have been left to a party in a Will or trust, or a person may be in line to inherit without a will as an heir. Before that happens however, a person wrongfully influences the testator to give them the property. They may also misuse a power of attorney to plunder the potential estate.
Every executor or Estate Administrator owes the estate beneficiaries a duty of good faith which means protecting the assets and not converting them or misusing them for personal benefit. However, human nature is fickle and they may do so for personal benefit even under the weight of the law. This is unfortunately very common in Real Estate Law disputes.
A fiduciary is a party that has sworn duties under the law to protect a certain party and in the case of Real Estate Law the party’s assets should be protected and the estate should be executed in due time. Not acting in reasonable time to settle an estate can lead to a lot of problems. It leads to mismanagement of assets and a claim for breach of fiduciary duty can be filed. These fiduciary duties are large responsibilities that many people crumble under the weight of.
Knowledge is power, and that phrase has never been truer than it is today, the same goes for any dealings in Real Estate Law. If you are a beneficiary of an estate, you have a right to be informed about the administration of the estate. If the executor fails to inform you of anything or withholds information that you should be privy to, you have the legal right to petition the probate court for an accounting.
Being a landlord often comes with some responsibilities including dealing with challenging renters. For this you may need to hire an experienced paralegal to help you settle or litigate landlord and tenant real estate law disputes. These disputes can arise out of nowhere and a lawyer or licensed paralegal can really help you navigate unknown terrain when it comes to the law.
You may find yourself arguing with a neighbor over where your house ends and theirs begins. This is a less common real estate law dispute but it happens occasionally nonetheless. This can occur when emotional problems arise between two neighbors or when one becomes aware that their boundary line is not in the right place.