Real Estate Litigation

Litigating Boundary Disputes

Another contentious real estate issue that arises between property owners is boundary disputes. A neighbor may believe a part of the garden is their property when it is not, for instance. If someone has inappropriately infringed on a property owner’s boundaries, they have several options for legal remedy, including:

• requesting a court injunction that prohibits someone from trespassing;
• requesting the court to establish a property line or property rights;
• filing an action to quiet title;
• suing for damages due to a neighbor’s trespass.

In any of the above scenarios, the plaintiff looking to sue for a boundary dispute must be able to show evidence of the infringement, which includes proving their property ownership (e.g., through a deed); testimony from the parties involved, neighbors, or previous owners; and expert testimony from land surveyors.

Disputes Between Property Owners

Cases can be more complicated when a dispute occurs between joint property owners. These include siblings inheriting property where all want to sell except one holdout; disputes over sharing expenses related to the property; and matters where one owner is not fulfilling their portion of the responsibilities of ownership. Easements, where a property owner grants another use of their land or structure for a specific use, may also lead to legal concerns, particularly when the person granted the right of access abuses or does not follow the terms of the easement.

Real estate litigation can be a tricky and confusing matter, but Chiariello & Chiariello is here to help you through it. The lawyers at the firm treat all clients like family and aim to provide honest, straightforward answers to even your most complicated questions. From drafting purchase and sale agreements to litigating real estate disputes, Chiariello & Chiariello is more than prepared to advocate for you and your property rights.