There are many different types of real estate litigation. There are many substantive laws and rules of procedure that are particular to real estate litigation. It is important for an attorney to be familiar with both the rules of civil litigation as well as the rules, laws and regulations that are unique to real estate.
It is not unusual for boundary disputes to wind up in court. There are many specific rules and laws about how to interpret the various types of boundary descriptions that commonly appear in property records. There are also specific rules that can affect whether or not certain evidence can be presented in court in support of a case or position.
There are many different types of lawsuits that can arise out of a dispute involving the ownership of real property. For example, a trespass to try title case involves a disagreement about who or what entity owns a piece of property. Generally, the only issue involved is title and possession. It is necessary to prove a case through a plaintiff’s own title and a case can not be won by pointing out that another person’s title is deficient.
In a suit to quiet title, an individual can seek to remove an apparent defect in the chain of title. This can take the form of an fraudulent deed, improper lien or an adverse possession claim.
A fraud action can result when the seller has misrepresented the condition of a property or has failed to disclose a defect prior to the closing. Commonly, these conditions involve problems with a foundation, prior flooding, prior water damage, or another hidden defect. Anytime an individual refuses to honor a contract, they can be sued for breach of contract. A real estate contract can be enforced, much like other types of contracts.