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What common real estate issues may need addressing in court?

Many Arizona residents may find themselves facing difficulties regarding their real estate. Even if you are not an avid investor with multiple properties, you could still find yourself at odds with a neighbor over boundary lines or even when in the process of purchasing a new home. Unfortunately, in the real estate realm, problems are possible.

Though issues could present themselves at any stage of home ownership or before, you may want to remember that there are typically legal options available for handling various problems. While you may think that taking legal steps is a bit harsh at first, having legal assistance on your side may be worthwhile if you run into a major problem.

When is litigation likely?

While it is certainly possible for you and the other party involved in the dispute to come to terms, you may find yourselves at a stalemate. If so, you could continue to face problems that affect your ability to close on a home, your property’s value or your ability to use all of your property to its fullest. Some common reasons that you may feel the need to take a real estate matter to court include the following:

  • Eminent domain, or when the government wants to take a portion of your property for public use, such as widening a roadway
  • Breach of contract, such as when a seller will not adhere to the terms of the purchase agreement
  • Failure to disclose, which can happen if a seller does not disclose a serious problem with the property before selling it to you
  • Boundary disputes, such as if your neighbor encroaches on your property by placing a fence, storage building or other structure fully or partially on your property
  • Zoning issues, which typically occur in commercial real estate transactions

These examples are only a few of the various issues that you could face as a homeowner or even before you close on your real estate. Because it is not unusual for these problems to have serious implications for your property, you may want to thoroughly explore your options for addressing the matter effectively. In some cases, if parties cannot reach a resolution outside of court, moving forward with litigation could better ensure handling of the problem in accordance with state law in a binding way.

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