Lawyers for Commercial and Residential Real Estate Issues
At Farese, Farese, & Farese, in Ashland, Mississippi, our long and honorable history has been marked by many successes, including management of complex legal matters that have received national attention. What started as a small one-man law office has grown into a team of attorneys who are widely recognized as leaders in the legal profession. Among our ranks are attorneys recognized as Super Lawyers ®, Rising Stars and listed in the Best Lawyers in America.
We continue this history of achievement by pursuing results for our clients in matters of residential and commercial real estate litigation. Using years of professional experience, we are well equipped to handle a wide range of real estate matters:
- Title and boundary disputes
- Property purchase agreement disputes
- Breaches of contract
- Easement and access disputes
- Quiet title actions
What Causes Title And Boundary Disputes And How Can You Address Them?
Title disputes arise from various sources, often complicating property ownership and transactions. Common causes include clerical errors in public records, unknown heirs claiming ownership rights, fraudulent property transfers and conflicting claims between multiple parties. These issues often surface during property sales when title searches reveal discrepancies that must be resolved before transactions can proceed.
The consequences of title disputes can be severe, including blocked property sales, delayed closings, financial losses and lengthy legal battles. Property owners may find themselves unable to sell, refinance or fully utilize their property until title issues are resolved. These disputes can also create ongoing uncertainty about legitimate ownership rights.
Boundary disputes typically stem from unclear property descriptions in deeds, conflicting surveys, encroachments by neighboring property owners or disputes over easement rights. Natural changes to property boundaries over time, such as erosion or shifting waterways, can also create conflicts between adjacent landowners.
Prevention strategies include obtaining updated surveys before property purchases, clearly marking property boundaries, maintaining accurate records of all property improvements and addressing potential conflicts with neighbors before they escalate.
How Should You Navigate Property Purchase Agreement Disputes?
Property purchase agreement disputes require careful navigation to protect your interests and achieve favorable outcomes. The dispute resolution process typically begins with identifying the specific terms in question and gathering relevant documentation, including the original purchase agreement, communications between parties and any amendments or addenda.
Preparation for negotiations involves reviewing all contract provisions, understanding your legal rights and obligations and developing realistic goals for resolution. Both buyers and sellers should document any damages or losses resulting from the dispute and gather evidence supporting their positions.
Available remedies depend on the nature of the breach and contract terms. Buyers may seek specific performance to force completion of the sale, monetary damages for additional costs incurred or contract cancellation with return of earnest money. Sellers can pursue damages for lost profits, additional carrying costs or the difference between the original contract price and subsequent sale proceeds.
The negotiation process often involves direct communication between parties’ attorneys, with settlement discussions focusing on fair resolution that minimizes costs and delays for all involved parties. When negotiations fail, formal litigation may become necessary to resolve disputed terms and obtain appropriate remedies.
What Are Your Options When Facing Breach Of Contract In Real Estate Transactions?
Real estate contract breaches take various forms and require different legal approaches. Material breaches involve failure to perform essential contract obligations, such as failure to close on the agreed date, inability to obtain financing or discovery of undisclosed property defects. Minor breaches typically involve less significant issues that do not prevent transaction completion.
Proving a breach requires demonstrating that a valid contract existed, the breaching party failed to perform required obligations and damages resulted from this failure. Documentation becomes crucial, including the original contract, correspondence between parties, evidence of attempted performance and records of financial losses.
Available remedies include monetary damages to compensate for actual losses, specific performance requiring the breaching party to complete their obligations, contract rescission that returns parties to their pre-contract positions and liquidated damages as specified in the contract terms.
The choice of remedy depends on circumstances surrounding the breach, the nonbreaching party’s preferences and practical considerations such as whether specific performance remains possible and desirable.
What Should You Know About Easement Disputes And Your Property Rights?
Easements grant specific rights to use another person’s property for particular purposes, such as utilities access, driveways or pedestrian walkways. These legal arrangements can create conflicts when parties disagree about the scope of permitted uses, maintenance responsibilities or interference with property enjoyment.
Common easement disputes involve disagreements over the extent of permitted uses, conflicts between easement holders and property owners about maintenance obligations, disputes over easement locations or boundaries and questions about whether easements remain valid after property transfers or changes in circumstances.
Property owners have a right to reasonable use and enjoyment of their land while respecting legitimate easements. Easement holders must use their rights reasonably without unnecessarily burdening the property owner’s use of their land.
Resolution strategies include reviewing original easement documents, obtaining surveys to clarify boundaries, negotiating modifications to address current needs or pursuing litigation when parties cannot reach agreement through discussion.
When Do You Need Quiet Title Actions And What Can You Expect?
Quiet title actions become necessary when property ownership faces challenges from competing claims, unclear title history or defects in the chain of ownership. These legal proceedings establish clear, marketable title by resolving all competing interests and claims against the property.
Property owners typically pursue quiet title actions when facing challenges from unknown heirs, disputed boundary lines, tax sale complications, foreclosure irregularities or adverse possession claims.
The litigation process involves filing a lawsuit against all parties with potential claims to the property, providing proper legal notice to known and unknown claimants, presenting evidence supporting your ownership rights and obtaining a court judgment declaring your superior title interest.
Successful quiet title actions result in clear, marketable title that eliminates competing claims and provides confidence for future property transactions, refinancing or development projects.
Common Questions About Real Estate Litigation
Real estate transactions involve a lot of money, so problems create a lot of anxiety. Our clients frequently ask the following questions:
What are some circumstances that might call for real estate litigation?
Some common causes of real estate litigation include contract disputes, boundary issues, zoning conflicts, title defects, buyer or seller withdrawal, habitability issues, failures to disclose or negligence on the part of a realtor or agent.
Who might need representation for real estate litigation?
Anybody involved in a real estate transaction that sours may need experienced representation by a lawyer. This can include property buyers or sellers, landlords, tenants, real estate developers, architects, contractors, subcontractors, homeowners and commercial investors. Regardless of your connection to the property, you have to protect your interests.
Why is a title review important in a real estate transaction?
A title review (“title search”) looks at the property’s history as it changed hands over the years. The goal is to identify any issues that might affect the proper transfer of ownership and prevent the buyer from having clear title and ownership rights in the future.
How can I protect my real estate assets from potential lawsuits?
There are numerous proactive steps you can take to protect your real estate from lawsuits, including:
- Placing your properties under the control of individual Limited Liability Companies (LLCs) or trusts so that the real estate is kept separate from your personal finances
- Making certain that you have comprehensive property insurance, including liability coverage in the case of accidents, natural disasters and other known risks
- Using well-drafted contracts for all your transactions and agreements with buyers, tenants, developers, contractors, investors and others who may be involved with your real estate ventures
- Stay updated on zoning laws, building codes and other regulations to avoid violations that could result in official legal action
At Farese, Farese, & Farese, P.A., we can help you develop a sound asset-protection strategy for your real estate assets.
When should I hire a real estate lawyer for a dispute?
In general, you may need to hire a real estate attorney any time you are faced with significant issues that cannot be resolved through communication with the other parties and simple negotiation. You should also have an attorney’s guidance if you are about to launch a real estate development project, have zoning issues or are facing regulatory compliance issues.
Preventing Residential and Commercial Real Estate Litigation
At Farese, Farese, & Farese, we believe that “an ounce of prevention is worth a pound of cure.” When we represent clients in commercial and residential real estate disputes, we seek to effectively manage real estate transactions in a way that prevents litigation before it starts.
We routinely represent clients in real estate transactions, like the transfer of land — whether large tracts of land or a house and a lot. Our professional staff can handle title examinations, loan closings, title insurance, boundary disputes and other needs in commercial and residential real estate. Quick, accurate and efficient handling of these legal needs provides you with the attention to detail so crucial to land matters.
To schedule a free and confidential consultation about commercial or residential real estate with a lawyer at Farese, Farese, & Farese, call us toll free at 888-341-0243. You may also complete our online contact form.