• 619.866.3444
  • info@socal.law
  • ProVisors
  • Payments
Gupta Evans and Ayres
  • What We Do
    • Bankruptcy
    • Business Litigation
    • Real Estate Litigation
  • Who We Are
  • Our Team
    • Ajay Gupta
    • Chris Evans
    • Jake Ayres
    • Alessandro Nolfo
    • Aurora Gallardo
    • Mike Covington
    • Alexander Gomez
    • Elontay Collins
  • How We Help
    • Referral Partner Process
    • Legal Proceedings Process
    • Case Stories
  • Resources
    • The Blog
    • Our Events
    • For Lawyers
    • Useful Forms
    • Video Library
  • Payments
  • Get In Touch
  • Search
  • Menu Menu

Legal Real Estate Issues

April 20, 2020/in All Blog Posts, Real Estate/by Ajay Gupta

Real estate litigation commonly arises from “self-help issues”, or a situation where an individual attempts to resolve a dispute through their own unsanctioned action. This is never advisable, as it can easily lead to further escalation and potentially less civil confrontations. In the video below, Mr. Gupta discusses a situation where a disputed property line ran through one party’s driveway. In order to block this access point the other party erected a low cinderblock wall along the property line. This action only exacerbated the situation, as the erection was unsanctioned in first place, but even its removal would be grounds for further dispute.

One must weigh their options carefully in this or any similar scenario. Attempting to resolve the dispute on one’s own is unwise and possibly even dangerous. Additionally, litigation can be costly, protracted, and may not even produce a desirable outcome. In addressing a property line dispute it is always important to consult one’s title company. While they may not be able to directly intervene, they may be able to provide relief depending on one’s policy, property type, etc..
It is important to remember that, while these scenarios may seem uncommon, any property purchase is a major investment and significant legal process, so steps should be taken to guard against any eventualities. Mr. Sewing cites an enlightening statistic: of the top five legal issues in a recent study real estate disputes were the most common, with 21 percent of respondents reporting issues in that category. One should start by considering if they will need an attorney for their buying process, though some states mandate this regardless. This is, of course, a product of the very nature of real estate deals, wherein all parties have a vested financial interest in the deal closing. Thus, a neutral party can be invaluable in ensuring propriety and avoiding future issues.

Particularly for one’s first property acquisition, it is essential to recognize the moving parts that may cause problems. H.O.A.s are a major consideration. It is highly recommended that a potential buyer review their C.C.R. and even the association’s meeting minutes in order to ascertain exactly the standards that must be followed, the general attitude of the community, and potential issues inherent in neighboring properties. Joint purchasers should always protect themselves and each other through legal representation, as well as those purchasing commercial property (link to partition actions post). An attorney can also mitigate risk by helping draft a trust and examining one’s title policy and mortgage agreement to ensure all due propriety. It is well known that much trouble can come from signing unread contracts but it continues to be a problem for the average consumer who is not necessarily well-versed in the language of these documents.

Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share on LinkedIn
  • Share by Mail
  • Link to Instagram
https://socal.law/wp-content/uploads/2020/04/taylor-SCzXnuJmWoo-unsplash-scaled.jpg 2560 1920 Ajay Gupta https://socal.law/wp-content/uploads/2021/08/gupta-evans-ayres_brand-identity_v4-02.png Ajay Gupta2020-04-20 19:17:002022-06-21 20:20:10Legal Real Estate Issues
You might also like
Ajay Gupta and Chris S. Evans Obtain Six-Figure Jury Verdict For Client in Property Dispute  
SB 308 SB 308 Senate Bill: Proposed Changes to Bankruptcy Exemptions May Benefit You
Partition Actions
Dispute Alternative Dispute Resolution
Understanding California’s Interpretation of Force Majeure in the Context of COVID-19
Stadium The Stadium Proposals: Sometimes, Nothing is Better than Something

Search Blogs

Categories

Recent Blogs

  • Out of the Frying Pan: AB 1200 and the New Online and Physical Labeling Requirements for California CookwareFebruary 22, 2023 - 12:15 am
  • The First Amendment, Bad Reviews, and You: So You’ve Been Smeared on the Internet – Part IOctober 4, 2022 - 8:49 pm
  • GEA’s Demand Letter to Union Bank Secures Release of Erroneous LoanJune 10, 2022 - 11:43 pm

Connect

HEADQUARTERS

1620 Fifth Ave #650
San Diego, CA 92101

CONTACT

P: 619-866-3444
F: 619-330-2055
E: info@socal.law

CONNECT

  • Link to Facebook
  • Link to Twitter
  • Link to LinkedIn
  • Link to Instagram
  • Link to Youtube
gupta evans ayres brand identity RGB Vertical White 2
smal bbb Logo
Avvo Small Logo
superlawyers Logo
small userway Logo
SDCBA Logo

© Gupta Evans & Ayres 2022 – all rights reserved

site design by digitalstoryteller.io

1620 Fifth Ave #650
San Diego, CA 92101

P: 619-866-3444
F: 619-330-2055
E: info@socal.law

  • Link to Facebook
  • Link to Twitter
  • Link to LinkedIn
  • Link to Instagram
  • Link to Youtube
gupta evans ayres brand identity RGB Vertical White 2

small userway Logo
smal bbb Logo
Avvo Small Logo
superlawyers Logo
SDCBA Logo

© Gupta Evans & Ayres 2022 – all rights reserved

site design by digitalstoryteller.io

Webinar: COVID-19 Impact and Options for Commercial and Residential Real Es...Covid ImpactPartition Actions Scroll to top

This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies.

Accept settings

Cookie and Privacy Settings



How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

Google Analytics Cookies

These cookies collect information that is used either in aggregate form to help us understand how our website is being used or how effective our marketing campaigns are, or to help us customize our website and application for you in order to enhance your experience.

If you do not want that we track your visit to our site you can disable tracking in your browser here:

Other external services

We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Google reCaptcha Settings:

Vimeo and Youtube video embeds:

Other cookies

The following cookies are also needed - You can choose if you want to allow them:

Privacy Policy

You can read about our cookies and privacy settings in detail on our Privacy Policy Page.

Accept settingsHide notification only