Defending one’s property rights against third parties and government entities should be a priority for all landowners. In some situations, this may require you to take legal action to demand the payment of a debt or to end ongoing disruptive behavior. In other cases, you may be required to justify the choices that you have made to a civil court or before a government regulation entity.
A Santa Clara real estate lawyer at Estavillo Law Group could help address your concerns and work towards a beneficial solution. Our dedicated team of attorneys could explain the laws that control your case, develop a strategy moving forward, and work to protect your rights in and out of court.
Common Reasons for Real Estate Litigation in Santa Clara
The litigation process describes any incident where two parties have a disagreement as to their respective rights under the law or their obligations to each other. While it is possible that these disagreements may lead to formal civil lawsuits, the fact is that most instances of litigation lead to negotiated settlements. With this concept in mind, litigation can result from disputes between private parties and between property owners and the government.
Disputes Between Private Parties
Owning property still requires people to behave appropriately with their neighbors. Even though we tend to think of our land as granting us the freedom to do what we want with it, the fact is that all property owners have the right to quiet enjoyment. As a result, conflict can often arise concerning how a party is using their land and how it affects others.
Real estate disputes can also arise from the sale or transfer of property. For example, a buyer may allege that a seller did not properly disclose a known defect in the land that affects that property’s value. In these cases, California Code of Civil Procedure § 337 gives parties four years from a date of a breach to demand a remedy.
Disputes with the Government
Federal, state, and local rules all govern how a landowner may use their property. For example, local zoning laws may prohibit commercial activity on a parcel of land. At the same time, laws that intend to protect wildlife may also limit how an owner develops or uses their property. A diligent Santa Clara real estate attorney is prepared to present defenses against these allegations that help landowners avoid the payment of fines or even the forfeiture of property.
Seeking Negotiated Settlements During Disputes
While it may appear to be inevitable that a dispute around real estate may lead to a trial, the fact is that most examples of civil cases end before this point. However, this does not mean that a property owner does not need to act judiciously to protect their interests.
Hiring a seasoned real estate lawyer in Santa Clara to handle these cases is always wise. A local attorney from our firm is ready to evaluate the facts that led to a dispute, determine where there is room for negotiation, and work towards a resolution that eliminates the need for a costly and stressful lawsuit.
Contact a Santa Clara Real Estate Attorney Today
Property owners in the Santa Clara area need to be prepared to defend their legal rights. This includes initiating lawsuits against parties who have infringed on those rights and working to defend one’s actions against allegations of wrongdoing.
A Santa Clara real estate lawyer at Estavillo Law Group could provide the legal assistance that you need. Whether your dispute is with a mortgage company—like JP Morgan Chase, Wells Fargo, or Bank of America—or involves possible government charges, our committed attorneys are ready to stand up for your rights every step of the way. Reach out now to learn more.