Real estate litigation can have significant legal and financial consequences for parties, including economic losses or impairment of property rights. Understanding the legal disputes or types of litigation you may face in a real estate matter in Wisconsin can help you prepare to protect your rights and interests. Some of the most common types of real estate litigation issues in Wisconsin include:
Breach of Real Estate Contracts
Breaches of real estate contracts occur when parties fail to fulfill obligations under a real estate agreement, such as a purchase and sale agreement, residential or commercial lease, easement agreement, or development contract. Some of the most common types of breaches of real estate contracts include:
- Failure to close
- Failure to disclose property defects or title issues
- Failure to fulfill closing conditions
- Failure to perform contractual requirements
- Failure to meet deadlines
- Nonpayment of rent or purchase price
- Violations of lease conditions
In a breach of real estate contract claim, an aggrieved party may pursue various forms of relief, such as:
- Monetary compensation for direct and consequential losses caused by a breach of contract
- Rescission of a real estate contract, along with other relief necessary to put the parties back in their pre-contractual positions
- Specific performance, which requires a party to fulfill their contractual obligations, such as closing on a purchase and sale agreement
Boundary and Easement Disputes
Property owners may have boundary or easement disputes due to disagreements over the location of property lines, encroachment over boundaries between neighboring properties, or blocking access to or interfering with the use of easements. Boundary disputes can also arise when property owners obtain new surveys or have differing survey results.
Landlord-Tenant Disputes
Disputes between landlords and tenants can arise due to nonpayment of rent, violations of lease terms, disagreements over tenant allowances, or confusion over maintenance obligations. Landlords who believe that tenants have breached their leases may initiate eviction proceedings to terminate the lease and regain possession of the premises.
Title and Ownership Issues
Title disputes and ownership issues can easily lead to litigation. Common examples of title defects include:
- Undisclosed liens
- Breaks in the chain of title
- Prior quitclaim deeds
Ownership issues can also arise when parties assert adverse possession claims – a party may acquire ownership through adverse possession by openly occupying another party’s property without their consent for a specified period. When parties dispute ownership of property, they may file a quiet title action to request that the court determine ownership.
Title issues make it critical to conduct title searches and purchase title insurance. Defects in a property’s title can also delay or hinder real estate transactions, reduce a property’s fair market value, or, in rare cases, render a property unmarketable.
Construction and Development Disputes
Complex real estate litigation often arises from construction and property development disputes. Common examples of problems that can arise during real estate development or construction projects include:
- Delays in zoning or construction permit approvals
- Rejection of land use or variance applications
- Violations of municipal ordinances
- Construction delays
- Payment issues
- Defective construction
Construction and development disputes can occur between real estate developers and local municipalities over zoning and land use issues. Developers or property owners can also become involved in disputes with construction companies over the progress or quality of a construction or renovation project, or over payment details.
Contact a Real Estate Litigation Attorney Today
When you face real estate litigation, hiring experienced legal counsel can help you protect your rights and interests. Contact Farrow Legal today for a confidential consultation with a real estate attorney to learn more about the most common legal disputes that can arise in real estate matters.