Our experienced El Segundo real estate attorneys specialize in legal matters relating to property. Real estate law is an area of practice that goes far beyond just transactions between buyers and sellers. When it comes to property ownership, transfers, and disputes, there are a number of issues that may arise. Experienced real estate attorneys will be familiar with the different scenarios that clients may encounter, and will be prepared to address their concerns as they arise. Real estate law also requires a parallel understanding of contract and secured transaction law. Whether you are a renter, owner, seller, or interested third party, retaining the services of an experienced real estate lawyer will help you through any legal challenges you may be facing.
Real Estate Law Areas of Practice
Real Estate Transactions
Real estate transactions are one of the more common reasons people may need a real estate attorney. Conveying the rights to a unit of property must be performed with attention to detail. Any attorney who represents you for a real estate transaction must also be sure that you are not receiving any liens, defaults, or other underlying issues associated with the property.
The owner of a property that is used for commercial purposes, such as renting to residents or a commercial entity, should always retain legal counsel specializing in landlord law. Even when relationships are amicable between landlords and tenants, a landlord should make sure they have an attorney review leases, contracts, and be readily available in case any conflicts arise.
It is not uncommon for tenants to face challenges when encountering a landlord who either bends or breaks the rules. Landlords are often in a more privileged position to retain counsel; however, when possible, a tenant should always try consulting with an experienced real estate attorney when experiencing hardship that is brought on by their landlord.
In neighborhoods and communities where a Home Owners Association (“HOA”) is present, there is a likelihood that there will be disputes that must be resolved through the association. Typical HOA disputes involve noise complaints, deferred maintenance, unkempt lawns, and others.
Commercial Lease Disputes
When commercial entities rent a space, the contracts and obligations are typically more complicated when compared to a private citizen who is renting a space. Commercial lease disputes often involve issues related to rent payment, noncompete clauses, hours of operation, bankruptcy, and others. The increased complexity of these disputes requires experienced attorneys who understand not just real estate law, but also business and contract law.
A partition action is another incident that may happen with commercial or residential properties. These actions happen when a single party, who jointly owns the property or business, wants to sell their ownership rights. This has the potential to cross over into business law as well, depending on the situation.
A quiet title action is a legal action that is meant to determine the owner of real property. This typically happens between neighbors who dispute the boundaries of what they believe is their property or their neighbor’s property. These situations will involve title research, surveyors, and possibly mediation.
An easement is a legal term for legal permission to use another person’s property with a nonpossessory interest. The most common examples involve shared driveways, or allowing a utilities company to come and occasionally trim back a tree that is growing into power lines. Similar to boundary disputes, these situations will require in-depth title research, and potentially hiring surveyors.
Real Estate Fraud
Whether you are being accused of committing real estate fraud, or are the victim of real estate fraud, these incidents can substantially disrupt any attempted transaction. This type of fraud can occur when an individual intentionally falsifies information about their property, or their purchasing intentions and abilities, and unjustly enriches the individual committing the fraud. Mediating and litigating through these issues requires intense attention to detail, and an ability to take a deeper dive into a property’s title history.
Adverse possession can occur when a person occupies a property through a certain period of time, and legally acquires ownership. In some circumstances, this is also colloquially known as “Squatters’ Rights.” Working with an experienced real estate attorney can provide you with the knowledge and ability to prevent such a thing from happening in the first place.
Real Estate Litigation
Every case is different. Our attorneys recognize that all types of real estate litigation will involve different factors, potentially multiple parties, and may cross over into different areas of legal practice. Regardless of the complexity, our attorneys will perform their due diligence to guide you through any real estate litigation you may be encountering.
An unlawful detainer is also known as an eviction. There are various reasons a landlord may choose to take this route. Whether you are facing an unlawful detainer, or need guidance in going through the process, retaining legal counsel is a wise step in order to ensure your rights are protected and to reduce your liability exposure.
Get in Touch – Schedule a Consultation With Our El Segundo Real Estate Lawyers
Regardless of your situation, our attorneys are available to provide you with a consultation to assess how we can be of service. As previously described, we recognize that every case has different facts, backgrounds, and potential cross over into other legal practice areas. If you are looking for guidance to navigate a complex real estate situation, or have found yourself in a challenging situation, we are here to help you. We serve clients throughout California and the Los Angeles region, including Manhattan Beach, El Segundo, Torrance, Malibu and other areas.