Property Rights

Partitions:

 

Partition actions are the result of a dispute between real estate co-owners regarding the ownership of the property. For example, one owner may want to sell the property but the other may not. A partition action can help force the sale of a property as well as ensure that owners receive their proper share of ownership interest.

 

  • Partition by Sale: This method is used when the property is put on the market after the desire to sell the property by one co-owner. In some occasions one co-owner may buy the property interest of the other co-owner.

  • Partition by Appraisal: This method allows the co-owners to choose a buyer or method of appraisal for one or multiple co-owners to be bought out.

  • Partition In-Kind: This method is sometimes used when property is undeveloped which allows for the property to be physically divided.

 

Quiet Title:

 

A quite title action is filed in order to establish the true owner of a property in order to establish who has valid rights and interest over the property. Quite title actions help establish a clear title, remove unknown or unwanted from title, and challenge any discrepancies in the title.

 

Some reasons to file quite title actions are:

 

  • To determine the rightful owner of the property.

  • To ask the court to rule on claims that a party holds only a legal interest as a title owner.

  • To resolve boundary disputes and surveying errors.

  • After purchasing a new property with disputed title.

  • In order to clear any cloud on the property title.

  • To resolve claims of adverse possession.

 

Boundary and Usage Disputes:

 

Property, boundary, and usage disputes are some of the most common disputes among neighbors. Disputes arise over land use when it comes to fence lines, markers, encroachments, landscaping and the use of the property.

 

Property Line Disputes:

Property right disputes often arise because owners relied upon property description instead of official markers or surveys. Some of the disputes that may arise are:

 

Trespass Disputes: Trespassing occurs when there is a physical invasion of property lines with the intent to enter the property without consent.

Easement Disputes: An easement is an agreement between two property owners which allows the other to cross your property lines for a specific reason. A dispute can occur as to the terms to this agreement.

View Rights Disputes: View right disputes usually pertain to view blockages by structures erected by a neighbor like trees or fences.

 

We can assist in reviewing official property markers and documents to determine property line.

 

Property Usage Disputes:

 

A property usage dispute may occur when a property owner has an issue with how a neighbor is using the property.

 

  • Property improvements violate laws or local ordinances e.g.: working without building permits, covenant violations, or a fence that is too high

  • Nuisance disputes that result in the prevention of property enjoyment e.g.: excessive noise, noxious or offensive smells, condition that can cause disease or illness

 

If you are experiencing any one of the above disputes as a property owner we encourage you to contact Lepera & Associates and we can assist you with responding to and resolving such disputes.