byAlma Abell
A real estate dispute is a conflict involving real property, such as property affixed to land or the land itself. These disputes can involve large pieces of property and substantial amounts of money, and they often take years to resolve at a significant cost. For example, many disputes involve contract breaches occurring during a property sale; in such an instance, real estate and contract laws may both apply, further complicating the situation.
Ownership Limits
Real estate attorneys in Chicago often consider real estate to be a package of rights; however, certain elements can be separated through a landowner’s intentional conduct. For instance, the owner may buy property with an easement and surrender the right to bar people from that portion of the land. Likewise, an owner may buy land in a subdivision with a covenant restricting their rights. In some areas, owners can sell off subsurface rights, which allow one person to own the surface while another can legally mine minerals.
Resolving Real Property Disputes
In most circumstances, the award of damages resolves a dispute and compensates the wronged party for their losses. There are other ways to resolve real estate disputes, such as:
- Injunctions, which legally bar or mandate an activity.
- Arbitration and mediation, which involve unbiased third parties who facilitate communication.
- Fees, fines and sanctions, which are common in state and local land use and zoning violations.
- Specific performance, which requires a party to fulfill the terms of the contract.
- Other remedies such as judicial liens.
The Availability of Dispute Resolution
A plaintiff’s ability to use dispute resolution methods depends on the nature of the conflict; for example, in a real estate contract breach case, the plaintiff may need to choose specific performance or monetary damages, and during mediation, parties may come to a mutual agreement. Furthermore, state laws may determine which remedies can be sought.
Hiring an Attorney for Assistance with a Real Estate Dispute
A real estate dispute may involve multiple potential remedies and clients may need to hire real estate attorneys in Chicago if they want to achieve a fair resolution. A real estate lawyer knows state law, and they can help a person choose the most appropriate course of action. Most importantly of all, Starr, Bejgiert, Zink & Rowells can represent a client during court hearings if necessary.