Real estate developers have a hard job. Property investing is an expensive industry that requires putting a lot of money at significant risk. Developing a property to turn a profit takes time, effort, and most of a person’s attention. So, when legal disputes arise, they often seek the help of an experienced commercial real estate attorney.
Working with a lawyer knowledgeable of California property laws helps investors and developers get ahead of legal issues before they happen. With proper preparation, a lawyer can help their client avoid these common real estate disputes.
The Most Common Real Estate Disputes
Commercial developers will likely see more than a few legal disputes during their careers. Between issues with tenants, zoning, state and federal regulations, and taxes, many organizations with a vested interest in California real estate transactions. Developers often seek legal counsel when facing these common disputes:
- Boundary disputes. When a property changes hands, property lines can become confused. Property inspectors may have different approaches to locating borders, which can cause disagreements between owners.
- Easement usage disputes. Many properties have easements against them, designating certain areas or landmarks for shared or public use. Developers may have to take action to enforce, remove, or create easements.
- Land Use Approval. Commercial use properties are subject to commercial zoning laws but are not set in stone. A business may appeal to the zoning board to allow the variance or secure a conditional use permit. The best way to succeed here is by garnering public support for the adjustment.
- Partition Actions. Sometimes, when seeking to purchase a property, developers must negotiate with multiple owners, like with inheritors of a family estate. Though one party may agree to sell, the others may require legal action before they comply.
- Contract Violations. Developers must understand several different types of property contracts. Agreements between landlords and tenants, sellers and buyers, developers and construction firms revolve around comprehensive and often complex contracts. Finding a speedy resolution to these issues can be vital for an enterprise’s success.
A local attorney with experience in California real estate will not only help developers and investors resolve these issues but prevent them from ever occurring in the first place.