Real estate litigation often arises from:

• Unclear contracts: Ambiguous language or missing terms in agreements.
• Lack of due diligence: Failure to properly investigate a property before purchase or lease.
• Miscommunication: Misunderstandings between parties involved in a real estate transaction.
• Changing economic conditions: Market fluctuations affecting property values and financing.
• Construction defects: Faulty workmanship or materials leading to property damage.

A lis pendens is a written notice filed with the San Diego county recorder that a lawsuit affecting title to a specific property has been filed. It serves as a warning to potential buyers or lenders that the property’s ownership is in dispute. Section 405.20 of the California Code of Civil Procedure provides as follows: “A party to an action who asserts a real property claim may record a notice of pendency of action in which that real property claim is alleged. The notice may be recorded in the office of the recorder of each county in which all or part of the real property is situated. The notice shall contain the names of all parties to the action and a description of the property affected by the action.”

An easement is a legal right that allows someone to use another person’s property for a specific purpose. Common types of easements include access easements (allowing passage over property) and utility easements (allowing installation of utility lines). The extent of rights granted by conveyance of an easement is determined by the language of the grant where extrinsic evidence is not received. If the language of conveyance is clear and explicit, the court need not resort to use of extrinsic evidence to show the nature and extent of the rights acquired. When there is ambiguity or uncertainty about the scope of an easement grant, the surrounding circumstances, including the physical conditions and character of the burdened property and the requirements of the grantee, play a significant role in the determination of the controlling intent.

A quiet title action is a lawsuit filed to resolve disputes over ownership of a property and establish clear title. This can be necessary when there are conflicting claims, unclear ownership history, or errors in public records.  The purpose of a quiet title action is to finally settle and determine the parties’ conflicting claims to the property and to obtain a declaration of the interest of each party. To prevail on a cause of action for quiet title, a plaintiff must demonstrate “paramount title” in relation to conflicting claims. 

Similar to other civil litigation, a real estate lawsuit typically involves:

• Pleadings: Filing a complaint and responsive pleadings.
• Discovery: Gathering evidence through depositions, interrogatories, and document requests; and analyzing the evidence.
• Motions: Pre-trial requests to the court.
• Trial: Presenting evidence and arguments to a judge or jury.
• Judgment: Court decision resolving the dispute.
• Appeal: Challenging the judgment in a higher court (if necessary).

To minimize the risk of real estate disputes:

• Hire experienced professionals: Work with qualified real estate agents, brokers, attorneys, and contractors.
• Conduct thorough due diligence: Investigate the property, review title reports, and obtain inspections.
• Use clear and comprehensive contracts: Ensure all agreements are well-drafted and reviewed by an attorney.
• Communicate effectively: Maintain open and honest communication with all parties involved.

Common defenses in real estate cases include:

• Statute of limitations: Claiming the lawsuit was filed after the deadline.
• Lack of standing: Arguing the plaintiff lacks the legal right to sue.
• Waiver: Asserting the plaintiff gave up their right to pursue the claim.
• Failure to mitigate damages: Claiming the plaintiff did not take reasonable steps to minimize their alleged losses.

Remedies in real estate disputes can include:

• Monetary damages: Compensation for financial losses.
• Specific performance: Court order requiring a party to fulfill their contractual obligations.
• Injunctive relief: Court order prohibiting a party from taking certain actions.
• Declaratory judgment: Court declaration clarifying the rights and obligations of the parties.

It’s advisable to seek legal advice as soon as possible if you:

• Have questions about your rights and obligations in a real estate transaction.
• Are involved in a real estate dispute.
• Receive a demand letter or notice of a lawsuit.
• Are considering filing a lawsuit related to real estate.