Attorney Representing in Real Estate and Property Disputes
Navigating Real Estate Matters: When to Consult a Real Estate Lawyer vs. a Real Estate Litigation Attorney
Most of us encounter real estate issues several times throughout our lives, and not always do these experiences turn out to be pleasant. While in many routine scenarios—such as buying an apartment, renting an office, building a house, or opening a shop—we typically deal with standard, straightforward contractual matters, and we may not need the services of a real estate litigation attorney, the need for a real estate lawyer still exists. In many cases, having a real estate lawyer can prevent the need for legal action altogether.
?When Do You Need a Real Estate Lawyer and When Should You Consult a Real Estate Litigation Attorney
Real estate is often the largest expenditure a person makes in their lifetime. It’s no surprise, then, that a significant portion of legal practice is dedicated to the legislation, legal literature, and case law that regulate this field—property law. This broad area covers all aspects of real estate transactions, from drafting contracts (such as sale and lease agreements) to complex transactions like land development, urban renewal, and TAMA 38 projects, and includes property-related litigation. While a real estate lawyer’s guidance may be sufficient when everything is running smoothly, disputes and conflicts involving real estate that require resolution in court fall under the expertise of a real estate litigation attorney.
?What Types of Real Estate Disputes Exist
Although all disputes involving real estate that end up in court are categorized as real estate or property claims, there are many types of such claims. For instance, eviction lawsuits deal with situations where the defendant has unlawfully occupied the plaintiff’s property, while claims for possession resolve questions of ownership over real estate. Claims for property use determine who is entitled to use the property while preserving its integrity, and partition claims address real estate held jointly by multiple parties who seek equitable division. Additionally, real estate disputes may involve rented, purchased, or leased properties, unresolved sale agreements, issues with construction contractors, property registration disputes, contract interpretations, expropriations, and eviction cases.
?Which Court Handles Real Estate Claims
If you thought that only the variety of real estate claims complicates matters, there’s an additional twist. Unlike other types of claims, the court handling a real estate case is determined not by the claim’s monetary value but by its nature. For example, Section 51 of the Courts Law [Consolidated Version], 1984, assigns jurisdiction for claims related to possession, use, and division of real estate to the Magistrate’s Court, while other claims are handled by the District Court. However, disputes involving real estate as part of divorce proceedings between spouses are transferred to the Family Court’s jurisdiction.
?Complicated, isn’t it
From an outside perspective, it might seem that “what’s the problem? A standard lease agreement can be bought anywhere!” But the reality is quite different. Property law is a complex and extensive legal field. Anyone who fails to consult a specialized real estate lawyer before entering into agreements might soon find themselves in court, whether as a plaintiff or a defendant!
