Property or real estate-related disputes can be settled through court proceedings or settlements, a process which is known as real estate litigation. These conflicts usually occur when buyers, sellers, landlords, tenants, or developers cannot solve their differences through negotiation or mediation. These conflicts may involve residential, commercial, or undeveloped land.
Issues with real estate lawsuits
- Tensions between neighbours over the proper location of property boundaries are known as property boundary disputes.
- Real estate contracts can be broken by disagreements over lease terms, purchase agreements, and other contractual duties.
- Tenant-landlord conflicts include issues with maintenance obligations, evictions, lease violations, and rent payments.
- Title disputes are defined as challenges to ownership rights, such as unresolved title defects or adverse possession claims.
- Zoning and land use conflicts: These are disagreements over local laws and acceptable uses of property.
- Errors or delays in construction are assertions regarding the promptness or caliber of building projects.
Typically, the litigation process begins with the filing of a complaint, and during discovery, both parties collect evidence. Although many cases settle before trial, unresolved disputes go to trial, where a judge or jury renders a verdict. Motions or appeals submitted after the trial could drag out the proceedings.
Procedures for real estate lawsuits
- Submission of a Complaint: When the plaintiff formally files a complaint with the court, the legal process starts.
- Service of Process: The defendant is officially informed of the lawsuit and given a chance to reply after it is filed.
- Defendant’s Response: The defendant has to either admit, deny, or raise defences in response to the charges. Additionally, they could counterclaim against the plaintiff.
- Phase of discovery: Each side collects data to back up their claims. This covers interrogations (written questions), deposits (sworn statements), and requests for document production. To comprehend the advantages and disadvantages of each side’s stance, discovery is essential.
- Pre-Trial Motions: Either party may submit a motion for summary judgment or dismissal to settle specific matters prior to trial. They have the power to expedite the trial or even close the matter sooner.
- Settlement Talks: To avoid the expense and uncertainty of a trial, parties typically hold settlement talks or use alternative dispute resolution techniques at any point. Out-of-court settlements are common.
- Trial Proceedings:If a settlement cannot be reached, the jury or judge will hear arguments and evidence from both sides during a trial. Cross-examination, opening and closing arguments, and witness testimony are all included in this. Then, a verdict is made by the jury or judge.
- Appeals and Post-Trial Motions: If the parties feel that legal mistakescaused the verdict, they may request for a higher court hearing an appeal or file motions contesting the verdict.
They typically follow this order to resolve real estate disputes in court. These procedures usually vary depending on the jurisdiction and complexity of the case.
How CityLaw Can Help?
Real estate litigation can be costly, time-consuming, and challenging, so you need a law expert to properly defend your financial interests and property rights. Reach out to CityLaw for your legal solution.