We regularly assist real estate owners with a wide range of services including preparation of customized contracts for the purchase and sale of property, preparation of deeds, leases, and easements, and filing and defending real estate litigation involving quiet title actions, foreclosures, partition actions, and boundary and ownership disputes.
Real estate contracts are often used to document the details of an agreement between a seller and buyer of real estate. The contract ensures the terms of the agreement are clear to both parties, and ensures the seller cannot sell the property out from under the buyer unless the contract is terminated. The contract typically should include, but is not limited to, the agreed price of the property, whether any earnest money must be paid, how and when closing will take place, what warranties and promises, if any, the seller makes regarding the title and condition of the property, whether the buyer will have an opportunity to have the property and the title surveyed and inspected before closing, and who will pay various document and recording costs associated with the sale.
We often prepare various deeds for clients including Warranty Deeds, Quitclaim Deeds, Transfer on Death Deeds, and deeds to and from trusts and estates. We will be glad to discuss your specific needs to help you determine which type of deed is right for your situation.
Easements are often granted to allow a person the right to travel across or access another person’s property for a particular reason. Easements should be in writing and recorded with the County Clerk. Easements are often used when a property is land-locked and it is necessary to travel across a neighbor’s property to access the land-locked property, or in order to access a neighbor’s property to maintain a common utility line. We routinely assist clients with preparing and recording easements and will be glad to discuss your particular needs to determine what type of easement is right for you.
We often assist commercial, residential, and agricultural clients with preparing real estate leases. A lease is a written rental agreement between a landlord and tenant specifying the location of the property being rented as well as the duration of the lease, frequency and amount of rent payments, whether late fees and penalties can be assessed, what duties the landlord and tenant have with regard to maintenance and upkeep of the property, as well as any other agreed upon duties of the landlord and tenant throughout the lease term.
Quiet Title Actions
Quiet title actions can be necessary when there is a cloud on, or adverse claim to, the title of real property. Quiet title actions allow a property owner to obtain a court order determining that their ownership of the property is superior to the claims of all others. Quiet title actions can be necessary if a cloud or adverse claim exists and the owner of the property needs to convey clear and marketable title to a buyer. Quiet title actions can also be filed to establish or dispute adverse possession claims by non-record owners of the property. If you have an issue with the title of your real property, we will be happy to assist you to determine the best remedy for your situation.
A foreclosure action is filed by a mortgage holder when the terms of the mortgage have been breached. Foreclosure allows the mortgage holder to obtain a judgment against the borrower and an order directing that the property be sold in order to pay the judgment. We assist clients from both the mortgage holder and the borrower sides of foreclosure actions.
When two or more people co-own a piece of real estate together and cannot agree on what to do with the property, a partition action can be filed to obtain a court order resolving the dispute. A partition action allows the property to either be physically divided up into separate parcels for the owners; or it can allow one or more of the owners to buy the other owners out at appraised value; or it can allow the property to be sold to a third party and the proceeds to be divided among the owners in proportion to their ownership of the property.
Boundary Line Disputes
Boundary line disputes can often be resolved with a professional survey. In the event there is still a disagreement between landowners after a professional survey is obtained, or in the event you know a professional survey will not resolve your dispute, we can assist you with obtaining a court order to determine the proper boundary lines and title ownership of your real estate.
Constructing a new home or building is an exciting time and should result in the home or building of your dreams. Unfortunately, the people building your project do not always use the care and attention they should. This can result in problems with your project including, but not limited to, leaks, excessive condensation, unsecure structures, and floors, damaged and cracked sheetrock and finishes, and other damage necessitating more work and repairs. We will help you determine who is at fault with any construction defects on your project, and assist you with obtaining all available recovery to which you are entitled.
If you have provided labor, services, or materials to a property and have not been paid, you can in some situations file a lien against the property in order to get paid. There are strict time limits and notice requirements that you must follow. If you need assistance getting paid by a property owner, contact us immediately to ensure you comply with the time and notice requirements in order to file an enforceable lien to recover the money you are owed.