Easements And Boundary Line Disputes
An easement gives one party the right to enter and use the land of another for a specified purpose. There are many types of easements including easements for roads, utilities, landscaping, and parking. They can be created, modified and terminated in many ways and for a number of reasons. Disputes over easements are some of the most common disputes between neighbors. Whether you are a landowner and someone wants to use your property, or you are seeking an easement to use the property of another, it is important to consult with an attorney who is knowledgeable in California easement law. Our attorneys handle all types of easement disputes, including express easements, implied easements, easements by necessity and prescriptive easements.
Boundary line disputes encompass a broad range of scenarios, from misplaced fences to the intentional construction of permanent structures over the property lines between two or more neighboring property owners. When a boundary line is in dispute, it will likely require extensive research into, and investigation of, the historical uses of the properties in question. Like disputes over easements, boundary line disputes are a common source of lawsuits between neighbors. While such disputes are commonly resolved through complicated lot line adjustments, they can also lead to protracted litigation resolved by the court following a trial. Either way, we at Hilbert & Satterly LLP can provide you with the skilled, proactive representation you need.
If your real estate transaction has been derailed by a legal dispute, it is important to consult with an experienced real estate litigation attorney. At Hilbert & Satterly LLP, our attorneys have the skill and experience to effectively represent buyers and sellers in a broad range of disputes. We are trusted advocates for clients throughout San Diego and all of California. We handled a variety of disputes that arise between buyers and sellers, including:
- • Contract disputes
- • Disputes over closing costs
- • Land use disputes
- • Claims of fraud
- • Failure to pay
- • Title disputes
- • Escrow disputes
We represent homeowners, brokers, agents, banks, borrowers, lenders and other parties who find themselves in disputes arising from real estate transactions. We strive to resolve disputes quickly and efficiently through negotiation when possible. However, when trial is necessary, our attorneys are always prepared for real estate litigation. Whatever your needs, we are here to guide you through the process while protecting your rights and interests.
Commercial Real Estate Disputes
Our attorneys handle real estate disputes involving office buildings, retail shops, malls, parking lots and other commercial properties. We are prepared to handle every type of dispute arising from commercial property transactions and ownership, including litigation involving:
- • Landlord-tenant disputes
- • Purchase and sale contracts
- • Entitlements
- • Easements
- • Boundary line disputes
While many commercial real estate disputes can be resolved out of court, our lawyers prepare every case for the possibility of trial. This approach helps us to negotiate from a position of strength. When trial is necessary, we are prepared.
Real Estate Fraud
Fraud is a growing concern for parties engaged in real property transactions in California. An act of fraud can inflict financial loss and irreparably damage homeowners and businesses. Fraud can encompass any number of activities including:
- • Fraudulent real estate investment schemes, commonly involving the sale of mortgages
- • Use of forged escrow instructions to steal escrow deposits
- • Real estate purchases using straw buyers
- • Forgeries of deed and other recorded instruments
- • Real estate identity theft where someone masquerades as the true owner in an effort to steal the equity
At Hilbert & Satterly LLP, we provide strong representation to parties that have suffered losses due to real estate fraud. Whatever your position in the California real estate market, our attorneys can help you understand your rights and options.
Representation of Community Associations
Over the years, our attorneys have provided litigation services and general legal advice involving owners associations in a wide variety of matters, ranging from routine assessment lien issues and CC&R interpretation to complex real property litigation. The scope of such representation includes matters relating to the use and maintenance of subdivision roads and other common areas, lien assessment and priority issues, foreclosure disputes, premises liability matters, CC&R litigation, contract disputes, insurance claims, easement and boundary disputes, etc.
If your community association needs representation, we're here to work with your manager and board members to develop policies to avoid disputes if possible and to litigate when necessary - all within the confines of your budgetary concerns.