Real Estate Litigation FAQs

FAQS

Real Estate Litigation

If I have a real estate dispute, can I get my attorney’s fees back at the end of the case?

Generally, no. However, in the real estate context there are a few exceptions to this rule depending on the type of claim and the outcome of the case.

I have an oral agreement with someone regarding real estate, is it enforceable?

Generally, no. You may have claims and remedies available to you but in most cases real estate transfers must be in writing and satisfy certain statutory criteria. This does not mean you do not have a claim related to your oral agreement. Whether you have a claim will require analysis of the specific facts and circumstances of your case. Each case is unique and no two are alike.

I own land but the description on my deed does not match what we have used historically – is there anything we can do to address it?

Depending on the facts of your case, there are different claims that can be made in a litigation setting to address these errors. Most of the time, we would first try to work with your neighboring property owners or municipality to come to an agreement prior to any litigation. If that is unsuccessful, there may be claims you can bring to address claims related to this type of scenario.

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