Real Estate Disputes: Richard Ruman, Attorney.

I can help with various types of actions,...

Areas of Expertise

Being “in the right" doesn't guarantee the right results. I can protect you in various types of actions, agreements, and disputes.

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Real Estate Disputes

Ownership of real property, access rights and, as ridiculous as this may sound, "trespasser rights" are complex areas where even "being in the right" doesn't necessarily guarantee right results. I've been involved with real estate law for many years and can help with various types of actions, agreements, and disputes.


 

Are you facing any of these common disputes?


 

Quiet Title Actions

This is the name for a lawsuit that straightens out, in a court, who is the true owner of a piece of land. The purpose of the suit, and the source of the name, is to silence or "quiet" another claimant. Quiet Title Actions can be used to resolve a variety of issues ranging from boundary errors and incomplete paperwork to missing heirs and forged deeds -- to name a few.


 

Partition Actions

When two or more people (or companies) want to end their mutual ownership of a piece of property but do not see eye-to-eye about how or when the break-up should be handled. Typically, one of the owners wants to sell and the other doesn't. This action puts the decision in the hands of the court -- which force the sale of the land or compel one partner to sell his or her interest. If you find yourself at an impasse with your partner, perhaps a Partition Action is the best course to resolution.


 

Easement Disputes

Under certain circumstances, other people can gain the right to use your land. For example, public utilities can gain an easement on your property to lay pipes or string wires. In California easements have been created to allow the public to use pathways on private property to access the beach. Once an easement has been established, it is part of the title. Even if the property is sold, the next owner also lives with the conditions of the easement. If someone is planning an easement on your property, this is something you may want to fight..


 

Boundary Disputes

Simply put, this is a disagreement about where one owner's land ends and the next one begins. The underlying problem could be that the real estate has not been surveyed or the deed contains vague references to geographical markers that no longer have meaning (like "ten inches from the big oak tree" in a location dominated by asphalt and cement). Sometimes, though, the encroachment is psychological, as in the last two examples in the list of typical boundary disputes below:


 

  • Encroachments. The boundary line between properties is violated by structures or fences
  • Public Use. Roads or paths that traverse property
  • Incompatible Uses. A neighbor uses his/her property in ways that become a nuisance (loud sounds, odors, intense lighting, zoning violations, etc.)
  • Improvements. The neighbor's remodeling and landscaping is not in-synch with the surrounding neighborhood -- in other words, a "McMansion."


 

Adverse Possession Disputes

I know that I'm getting into legal jargon here, but there's no other name for this but the legal one. What this means is that sometimes, under certain circumstances, a person -- a trespasser even -- can actually gain ownership of your property, without paying for It, simply by residing on it. The requirements vary by state, but if someone is openly using your property for their own purposes continuously, for an extended period of time, you might find yourself defending your ownership rights.

Examples of Adverse Possession Disputes could be someone who moves on to an empty lot that you own, a neighbor who takes over (perhaps by accident) a piece of your backyard, or even a person who moves into your summer cabin. Fraudsters may "sell" your property to someone who believes s/he is now the legal owner and even pays property taxes.



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Richard Ruman Attorney at Law 9401 Wilshire Blvd. Suite 1250 Beverly Hills, CA 90212 (310) 273-7474
Practicing primarily in Beverly Hills, Santa Monica and Los Angeles. Site content copyright Richard Ruman.