Real Estate Litigation

Unlawful Detainer

The term unlawful detainer ordinarily refers to when a tenant, who is in possession of an apartment or leased property, refuses to leave the premises upon the expiration or termination of the lease. An unlawful detainer may also occur when anyone who is not legally allowed to hold possession of the premises is still remaining on the premises, this includes someone who does not vacate the property after a foreclosure sale (link to short sale page) or when the property has been sold after a partition suit (link partition suit to the correct tab). Only a sheriff or sheriff’s deputy can physically evict a tenant.

    • Steps of the Unlawful Detainer Process
      • Post a Notice to Vacate
      • File the Unlawful Detainer Documents
      • Proceed with the Unlawful Detainer Hearing
      • Win your case by using Anderson Law, PC

Partition Suits

A Partition Suit may be filed when a property is owned by multiple people and they all cannot agree on whether to keep, sell, or divide the property. This commonly occurs when a family member leaves property to multiple relatives who all have separate opinions on what to do with the property. Once an interested party, which is one of the owners, files a suit and asks a judge to intervene, the judge will then decide on if or how the property should be sold and where the proceeds of such sale will go.

Easement Disputes

An easement is essentially a right that allows the holder to use a portion of property that does not belong to them. The land that the easement is located is “burdened” by the easement and called a servient estate,” while the land or person benefited is called the “dominant estate.” A common example would be a drive way or water line for a property that does not have a direct access to public roads or water.

An easement dispute may arise in many situations, commonly occurring when someone begins to use the property of another without permission and wishes to create an easement, or possibly when an easement has always been established but the documentation needs to be established and the servient estate owner will not sign the continuing documentation.

Suit to Quiet Title

A Quiet Title action is a lawsuit that will establish a party’s title to real property against anyone and everyone, and thus “quiet” any challenges or claims to the title. This suit is necessary when there is a problem with the title which usually occurs because there is something unclear about how the property has been previously conveyed, such as an old lease or failure to clear title after payment of a mortgage.

Mechanics Lien

A Mechanic’s Lien is a document that reserves the right of the filer to seek unpaid compensation. Mechanic’s Lien are usually filed by contractors, subcontractors, or suppliers that have never received payment for work or materials provided.

Warrant in Debt

A Warrant in Debt is a legal document that states someone is suing you in court and claiming that you owe them money. When this document is filed, you have a “return date,” which is the date you must return to court and dispute the claim against you.

Landlord/Tenant Disputes

There are a multitude of different issues that can arise when a landlord – tenant relationship turns sour. Some common issues are: lack of rent paid, a holdover tenant (one that will not leave), damaged property, or a simple breach of the lease agreement.

When dealing with any of these situations, it is essential that your attorney is familiar with the process and dedicated to your position. For more information or a consultation, please contact our office today.