Real Estate Litigation

When dealing with commercially owned real estate, it is typical for there to be more than one owner which makes the dispute more difficult to resolve. If a joint owner wishes to sell the property or change the way the property is being handled while the other owner does not, it is impossible to liquidate that co-owners share of the property.

Additionally, one party might not be willing to give up their share or control of the shared real estate, leaving the other party with few options.

Under CA law, a contract for the sale of real estate must be made in writing. Signing the contract is agreeing to all of the terms contained in the agreement, and violating one or more of these terms means results in a breach of contract.

This can be a material or non-material breach. A material breach is when the breaching party’s action, or failure to act, substantially impacts the other party’s bargained result. A non-material breach happens when a party violates a more minor, or tangential, condition of the contract, with the affected party potentially entitled to compensation if they can prove damages.

Property boundaries are outlined on the tax map of a country with clear lines creating separation between each property.

Property boundary disputes typically arise when an owner of a property begins building without getting approval from the zoning board and a neighbor feels that their property line might be threatened.