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How to Find the Best Real Estate Dispute Attorney in California
California has long represented the restless nature of the American Dream. Pack up your things, make a new start.
From the earliest settlers in the 16th century, the Golden State has welcomed new residents from all over the world. With an influx of new residents, California has managed to grow into the largest state in the United States. Rapid growth has introduced an interesting problem that gets worse with every passing year.
From wine country outside of the Bay Area to the sprawling desert that surrounds Palm Springs, real estate disputes remain one of the most common forms of litigation in California. The combination of local and federal laws, along with a complicated legal system to address real estate disputes at the state level, has created major obstacles when it involves resolving property disputes.
However, a CA real estate dispute attorney can help you navigate the labyrinth of real estate dispute laws at the local, state, and federal levels.
How Can a CA Real Estate Dispute Attorney Help Me?
One of the most compelling reasons to hire a CA real estate dispute lawyer is to avoid litigation. An experienced California-licensed attorney has a deep understanding of the complex system of laws that govern real estate transactions. Instead of spending weeks, if not months inside a courtroom, a team of highly skilled lawyers such as the ones at Morgan & Morgan possesses the communication skills required to negotiate a favorable settlement.
If your case goes to trial, you want a persuasive litigator in your corner. You know the other party will have legal representation, which means you need to counter the legal power by hiring a CA real estate dispute attorney. In addition to arguing your case before a civil court judge, your lawyer also ensures you meet every document filing deadline and organize the evidence you need to win a lawsuit.
What Are the Most Common Real Estate Disputes in California?
Old school boundary wars remain the most common type of real estate dispute in California. Rapid growth in the major urban areas has produced plenty of conflict between property owners. There are also a large number of real estate dispute cases that pit commercial property owners against residential property owners. Outside of boundary disputes, what other types of real estate disputes get on the civil court dockets in California?
Breach of Contract
Contracts define the terms of both commercial and residential real estate deals. If one party fails to fulfill a contractual obligation, the other party has the right to seek justice according to California real estate statutes. An attorney from Morgan & Morgan will conduct a comprehensive review of a real estate contract to determine which party bears the brunt of the legal liability.
Lease disputes arise for several reasons, with failure to pay rent the top reason why landlords and tenants have legal issues. Other types of lease disputes include noise violations, responsibility for repairs, and misuse of landlord’s property. Lease disputes can lead to litigation or an alternative dispute resolution process.
Property easement grants one party the right to use a part of another property owner’s land for a specific reason. Utilities often receive property easements to complete work on a project. Local and state governments receive property easements to enhance infrastructure. A property owner either does not know about a property easement or does not know where the easements exist.
California is known for being a state that litigates a large number of eminent domain cases. With the high-speed rail system a major priority for infrastructure improvements, the number of eminent domain cases should skyrocket. If you face an eminent domain order in CA, you should immediately get in touch with a real estate dispute attorney at Morgan & Morgan
Water disputes have become about as common of a real estate dispute issue as boundary wars. The classic water dispute involves one property owner siphoning water from the property of another party. Water rights represent a rapidly evolving type of law in California. If you face a water dispute, working with a CA real estate dispute attorney can help you win your case.
Can I Go Through the Alternative Dispute Resolution Process?
Mediation and arbitration allow you to avoid litigation for a real estate dispute issue. Both alternative dispute resolution methods take less time and cost less money than litigating a case in front of a civil court judge.
A third party resolves both types of alternative dispute resolution methods.
You and the other party present your side of the story before a neutral mediator. Both sides have a say in creating a resolution that ends the real estate dispute. Mediation is supposed to be a cooperative process that concludes when both parties sign a binding agreement.
Arbitration also involves a neutral third party, which can be a retired judge. The arbitrator listens to the arguments presented by both parties before issuing a decision. Both parties typically must abide by the stipulations issued by the neutral arbitrator.
How Do I Resolve a Dispute With a Neighbor?
Before you contact a CA real estate dispute attorney, you should first try to find common ground with your neighbor. Most land feuds between neighbors are not worth the time and money spent to litigate a case in front of a civil court judge.
It is not what you say, but how you say it that matters when you try to settle a real estate dispute with a neighbor. Maybe your neighbor is not aware of a property rights violation. Whatever the reason, sitting down and discussing the issue calmly can help you resolve the property dispute that you have with a neighbor. Talking out things is especially helpful for nuisance issues such as a barking dog or the burning of trash.
The talk with your neighbor went well, but you need to cover all angles in case the real estate dispute morphs into a hotly contested legal battle. Organize property records that include the county assessment that defines your property line. Record every interaction you have with your neighbor and take photographs that confirm your allegations. You need convincing evidence to win a civil lawsuit over a California real estate dispute.
Hire a California Real Estate Lawyer
If you cannot make progress trying to settle the real estate dispute you have with your neighbor, then contacting a CA real estate dispute attorney gives you the legal support you need to move forward with your case. Your lawyer might file an injunction or submit the paperwork that initiates a civil lawsuit.
What Defines the Best Real Estate Dispute Attorney in California?
Navigating the real estate dispute process in California can be confusing at best. Working with a state-licensed real estate lawyer can alleviate the stress that often is associated with resolving land feud cases.
Proven Record of Success
Success in litigating real estate dispute cases matters if you expect to win your case. You want to hire a CA real estate dispute attorney who has compiled a proven record of getting clients the utmost satisfaction. Experience is frequently mentioned as an important attribute for any type of lawyer. However, it is not the number of years that matters, but instead, it is the number of cases a real estate dispute attorney has won for clients.
You do not want just any type of real estate lawyer. You want a CA real estate attorney who specializes in litigating property dispute cases. Even better, work with a CA real estate dispute attorney who handles your type of real estate dispute case. For example, if you want to pursue litigation against a tenant to recover delinquent rent payments, you should search for a real estate attorney in CA who has handled dozens of landlord-tenant disputes.
Real estate dispute cases are highly fluid, which means your case can turn 180 degrees from where it stood legally the day before. Because of the rapid changes, you must work with a CA real estate dispute attorney who responds to you promptly. Your lawyer should return every email, text message, and phone call within just a couple of hours.
Fees You Can Afford
Real estate lawyers charge by the hour or on a contingency fee basis. A contingency fee basis makes the most sense, but not every real estate dispute case involves a large award for monetary damages. If you found an attorney who meets every one of your criteria, make sure to ask the lawyer what the hourly rate is for providing legal services. An hourly rate arrangement can quickly send your legal bills into thousands of dollars.
Offers a Free Case Evaluation
Never work with a lawyer who charges for an initial consultation. A free case evaluation gives you insight into an attorney's experience, area of legal expertise, and ability to respond to your questions in a way that you understand. You want to build a strong rapport with a CA real estate dispute attorney, but you should not have to pay for it at the first meeting.
Work with a CA Real Estate Dispute Attorney
Too much is riding on your case for you to go it alone. Resolving a real estate dispute case in California requires the services of a highly-rated team of attorneys.
You can search for the best real estate dispute lawyer in CA by asking for recommendations from friends, family members, and professional peers. You might even know an attorney who can refer you to a California real estate dispute attorney. The California Bar Association offers a lawyer referral service on its website. Online client reviews can give you an idea about the legal credentials of every lawyer on your shortlist.
You can save yourself time by scheduling a free case evaluation with a real estate dispute attorney at Morgan & Morgan. After spending an hour with one of our lawyers you should walk away with the answer to the question, “How do I find the best real estate dispute attorney in California?”