Real Estate Litigation
Owning property is one of the biggest investments most people ever make, and disputes over that property can turn stressful fast. At Ohana Law Firm, our real property attorneys help homeowners, landlords, tenants, and buyers work through the legal issues that come with owning, buying, selling, or fighting over land and buildings. We handle everything from boundary disagreements with a neighbor to complicated title defects that show up right before closing.
Real property law touches almost every part of daily life, and most people never think about it until something goes wrong. Maybe a survey reveals your fence is two feet onto your neighbor’s land. Maybe a seller failed to disclose a serious defect. Maybe a contractor put a lien on your home for work you never approved. Whatever the issue, our team can explain your options in plain language and help you decide what to do next. Contact our office today to schedule a free consultation with a real property attorney.
Real Estate Transactions
- We facilitate real property transactions.
- We draft and file quitclaim and warranty deeds to pass real property from buyer to seller, or between family members.
- We transfer real estate into the name of a trust or an LLC.
- We review real estate sales transactions to try to find issues that might become very costly if not dealt with before closing.
Why Choose Our Real Property Attorneys
Property disputes rarely feel simple once you’re in the middle of one. Old deeds reference outdated surveys. Contracts get signed without anyone reading the fine print. Family members inherit land together and can’t agree on what to do with it. Our attorneys have spent years untangling situations exactly like these.
Here’s what our clients can expect when they work with our real property lawyers:
- Straight answers, not runaround. We tell you where you actually stand, even when it’s not what you were hoping to hear.
- Experience with local property records and courts. We know how title issues and boundary disputes typically get resolved in this area, and we know the people involved in resolving them.
- Attention to detail. Property disputes are often won or lost on the fine print of a deed, contract, or easement, and we read that fine print closely.
- Cost transparency. We explain our fees before we start any work, so you’re never guessing what a case will cost.
- A firm that fights when it needs to. Most property disputes settle, but when negotiation doesn’t work, we’re prepared to take the matter to court.
If you’re dealing with a property dispute or need help before you buy or sell, speak with an attorney today.
Cases We Handle Under Real Property
Our real property practice covers a wide range of ownership and land use issues. Below is an overview of the situations we see most often.
Common Reasons Clients Contact Us
People reach out to our office for many different reasons, including:
- Boundary disagreements with a neighboring property owner
- Disputes over easements, shared driveways, or right of way access
- Breach of contract during a home purchase or sale
- Undisclosed property defects discovered after closing
- Landlord and tenant disputes, including lease violations and evictions
- Title defects that surface during a title search
- Mechanic’s liens placed on a property after a construction dispute
- Disagreements between co owners over how to use or sell shared property
- Zoning and land use conflicts with local government
If your situation isn’t listed here, that doesn’t mean we can’t help. Real property law covers a lot of ground, and most disputes fall somewhere in this list once we start digging into the details.
Property and Ownership Issues We Resolve
Real property disputes tend to fall into a few recognizable categories, though the details are rarely simple. We regularly help clients resolve:
- Encroachments, where a structure, fence, or driveway crosses onto a neighboring property
- Adverse possession claims, where someone tries to claim ownership through long term use of land that isn’t legally theirs
- Quiet title actions, used to resolve unclear or disputed ownership
- Breach of purchase agreements, where a buyer or seller fails to follow through on the terms of a real estate contract
- Failure to disclose known defects before a sale
- Disputes over easements that block access or use of a property
These cases often involve old records, conflicting surveys, or verbal agreements that were never put in writing. Sorting through that history is a big part of what we do.
Liability, Contracts, and Legal Responsibility
Real property disputes usually come down to who had a legal obligation, and whether they met it. A seller has a duty to disclose known material defects. A contractor has a duty to perform work as agreed and avoid placing improper liens. A neighbor has a duty to respect established property lines. When someone fails to meet these obligations, the other party often has grounds for a legal claim.
We review contracts, deeds, surveys, and correspondence to determine where responsibility falls. In many cases, the party at fault isn’t obvious until we’ve gone through the paperwork carefully. That review is often what determines whether a case can be resolved through negotiation or needs to move toward litigation.
Financial and Legal Outcomes You Can Pursue
Depending on the nature of your case, outcomes in a real property matter may include:
- A court order resolving a boundary dispute and confirming legal property lines
- Rescission of a purchase contract due to fraud or non disclosure
- Monetary damages for repair costs tied to an undisclosed defect
- Removal of an improper lien from your property title
- Enforcement or termination of an easement
- Clear legal title following a quiet title action
- Recovery of costs and damages in a breach of contract claim
Every property dispute has its own facts, and the right outcome depends on what actually happened and what the documentation shows. We’ll walk you through what’s realistic during your consultation.
Why Clients Trust Our Firm
Property disputes are personal. Your home, your land, and your investment are on the line, and that creates real stress. Clients come to our firm because we treat that stress seriously and communicate clearly from the first call to the final resolution.
We don’t push clients toward litigation when a straightforward negotiation will get the same result faster and for less money. At the same time, we don’t back down when a case needs to go to court. That balance is part of why clients refer friends and family members to our office long after their own case has closed.
We also know this community. We understand how local title companies operate, how county recording offices handle documentation, and how local courts tend to approach these disputes. That local knowledge often makes the difference between a case that drags on and one that resolves efficiently.
Frequently Asked Questions
What should I do if I think my neighbor built on my property?
Start by getting a current property survey if you don’t already have one. This confirms the actual boundary lines and whether an encroachment exists. From there, we can help you send a formal notice or pursue a legal claim if the issue can’t be resolved informally.
Can I sue a seller for not disclosing a defect before I bought the property?
In many cases, yes. Sellers are generally required to disclose known material defects. If a seller knowingly hid a problem, such as water damage, foundation issues, or a faulty roof, you may have grounds for a claim, especially if you have documentation showing the seller was aware of the issue.
How long does a real property dispute usually take to resolve?
It depends on the complexity of the case. Straightforward boundary or contract disputes can sometimes resolve within a few months through negotiation. Cases that require litigation, such as quiet title actions or contested liens, can take a year or more depending on court schedules and the willingness of both sides to settle.
What is a quiet title action, and do I need one?
A quiet title action is a lawsuit used to resolve unclear or disputed ownership of a property. It’s often needed when there’s a gap in the title history, a disputed inheritance, or a boundary conflict that a survey alone can’t resolve. We can review your title report and let you know if this process applies to your situation.
Can a contractor place a lien on my home even if I disagree with the charges?
Yes, contractors can file a mechanic’s lien if they believe they weren’t paid for work performed, even if the amount is disputed. That doesn’t mean the lien is valid or enforceable. We can review the underlying contract and work performed to determine whether the lien should be challenged.
What happens if my co owner wants to sell the property and I don’t?
This is a common dispute among siblings or joint property owners. In many cases, if an agreement can’t be reached, one owner can pursue a partition action, which asks the court to either divide the property or order it sold with proceeds split among the owners. We can walk you through what this looks like for your specific property.
Do I need a real property attorney for a simple lease dispute?
Even lease disputes that seem simple often involve state specific landlord tenant laws that affect your rights and deadlines. Getting advice early, before you send a notice or withhold rent, can prevent a small issue from turning into a bigger legal problem.
What documents should I bring to my first consultation?
Bring any deed, purchase agreement, lease, survey, or correspondence related to your dispute. If you don’t have everything, that’s fine. We can help you identify and obtain the records needed to move forward.