Real Estate Title Disputes & Defects
Real estate disputes come about for a number of reasons. Perhaps there is a boundary dispute or there is a lien against a property that shouldn’t be there. Maybe someone needs to place a lien against someone else’s property, such as in the case of a mechanic’s lien where a party hasn’t paid for construction services rendered.
No matter the type of dispute, it is important to seek the representation of an experienced Minneapolis real estate lawyer who is well-versed in real estate law. At the Krogh Law Firm, P.A., Nathan Crowe has over 17 years practicing law and has earned the proper certification as a real property specialist to help you effectively deal with your title dispute or defect.
The boundary dispute is the most common type of real estate dispute. Maybe someone claims that their neighbor built a fence on the wrong side of the property line, or a tree was planted on a neighbor’s property years ago and now the owner of the property the tree is sitting on is demanding the tree be removed. Homes, garages, sheds, and other structures have been built on the other side of a property line by mistake, causing issues.
However, there is a thing called a “prescriptive easement.” Let’s say one neighbor’s driveway encroaches upon another’s property by two feet. Despite this, the driveway owners have always treated the property as their own and suddenly decide to build a fence. This driveway has been used as such for 20 years, which has given them enough to meet the burden of proof of how the property is used. This results in them being able to continue the use.
In the case of adverse possession, which is much like prescriptive easement where one person owns the land and another lawfully uses it, those using the property actually gain ownership of it. Easements can also be implied by pre-existing use.
There are different ways to put boundary disputes to rest, including the party using the property purchasing it from the owner. Another remedy is taking measures to remedy the issue causing the dispute, such as moving a driveway over.
What Is A Defective Title?
A defective title is an asset or property that has a mortgage, judgment, or lien against it. This means that another party can lay claim to the asset or property. This prevents the property owner from being able to legally transfer the title to another party. They also can’t refinance the property.
If you are someone needing a lien removed because you satisfied the matter that placed it there to begin with, you need an attorney to help you. You also need an attorney if you feel a lien was wrongfully placed on your property.
When you are a contractor who has performed work that hasn’t been paid for and you need to place a mechanic’s lien on the property, it is ideal to speak with an attorney as soon as possible so all of the necessary steps can be performed.
Quiet Title Actions
A quiet title action is a lawsuit meant to establish a person’s title to property. The purpose is to “quiet” any claims or challenges to that title. This can be done when someone needs to recover possession of a property that has been wrongfully occupied by another person. It is possible that the title may be defective in some way. Maybe the previous owner doesn’t promise that a good title is being passed on. In this case, a quiet title action may need to be taken in order to dispel any other party’s claim on the interest of the property. This can have an impact on prescriptive easement.
It is best to have your Minneapolis real estate attorney working with you to help you settle any defects and other issues that come about when using this action to take possession of land. These actions are always subject to attacks, so you have to have your defense against those attacks in place before they can occur.
Contact A Minneapolis Real Estate Lawyer
Whether it is a boundary dispute or a quiet title action, you need legal representation by your side throughout the entire process so you get the best possible result. Your attorney also relieves a lot of the stress that such processes tend to possess. To learn more about how the Krogh Law Firm, P.A. can help you, call 651-631-0500 to request a free consultation.