Ten Most Common Houston Real Estate Litigation Issues

Real estate litigation involves resolving legal disputes concerning real estate transactions or property ownership. These disputes can include a wide range of issues, such as boundary disputes, zoning and land use disputes, construction defects, fraud and misrepresentation, and mortgage foreclosure.

When a real estate dispute arises, it can be complicated and stressful for all parties involved. For these reasons, it is often necessary to seek the assistance of a Houston real estate attorney to help navigate the legal process and protect your rights and interests.

A real estate attorney has the experience and knowledge to understand Houston real estate laws and can advise on the best action to take in a particular dispute. They can also represent you in negotiations, mediation, or court proceedings and meet all legal requirements in any transactions or agreements.

Common Real Estate Lawsuits

Boundary disputesBoundary disputes are disagreements over the exact location of property lines and ownership rights. These disputes can arise when property owners have different interpretations of their property lines or information in land records. To resolve a boundary dispute, you may need to hire a surveyor to accurately define the property lines and consult a real estate litigation attorney.

Easement disputes: Easement disputes can occur over shared driveways, sidewalks, or other rights of way, when one property owner restricts access to a shared easement or when a party violates the terms of an easement agreement. To resolve an easement dispute, your attorney must review the terms of the easement agreement and resolve these disputes in court.

Zoning and land use disputesZoning and land use disputes often occur over the allowed use of property and zoning regulations. When a property owner wants to use their property in a way that is not allowed by local ordinance codes or laws or when a neighboring property owner objects to the proposed use, a land dispute can arise. The City of Houston does not have zoning, and they do not restrict property for any particular land use. However, this does not mean that issues don’t arise. There are ordinance codes that address how a property can be subdivided and rules that can make property ownership and land use more complicated than you may imagine. Hiring an experienced Houston real estate litigation lawyer is important if you get into a land dispute.

Breach of contract disputes: The terms of a real estate contract are not always clear, resulting in one or both parties failing to fulfill their obligations under the contract. When a breach of contract occurs, such as failing to pay on time or complete necessary repairs, the parties involved may need legal assistance to resolve these disputes.

Construction defect disputes: Construction defect disputes are disagreements over the quality or safety of construction or building materials. These disputes can arise when a building is found to have structural, electrical, plumbing, or other defects.

Mortgage foreclosure disputes: Disagreements over the right to foreclose on a property can arise when a borrower defaults on their mortgage payments and the lender seeks to foreclose on the property. To resolve a mortgage foreclosure dispute, hiring a real estate litigation lawyer is often necessary. In some cases, it may be possible to negotiate a loan modification or a repayment plan to avoid foreclosure.

Environmental contamination disputes: Disagreements over the removal or remediation of hazardous waste or other environmental hazards on a property can create serious real estate litigation issues. These disputes often arise when a property contaminates soil, water, or air or when a neighboring property is affected by environmental hazards. To resolve an environmental contamination dispute, your attorney may need to consult with environmental engineers and other specialists.

Quiet title actions: Quiet title actions are legal actions to establish ownership rights over a property. These actions often occur when there is a dispute over ownership. To resolve a quiet title action, you may need to file a lawsuit and have a court determine the rightful owner.

Fraud and misrepresentation: These types of real estate litigation issues occur over the accuracy of information provided during the sale of a property. When a buyer discovers that the property is not as described, such as when it has hidden defects, or when the seller has provided false information about the property, it can create a serious dispute. You may need to file a lawsuit or seek mediation or alternative dispute resolution methods to resolve a fraud and misrepresentation dispute.

Access disputes: Access disputes are disagreements over the right to enter or use a property. These disputes can arise when one property owner restricts access to a shared driveway or when a neighboring property owner obstructs access to a property.

Hiring a real estate attorney can help to avoid costly mistakes and to ensure that your rights and interests are protected throughout the dispute resolution process. Additionally, a real estate attorney can provide objective and impartial advice and work to find a resolution quickly.

Contact an Experienced Law Firm

Our Houston real estate attorneys at Pathway Property Lawyers know that the real estate market is constantly changing. This fluctuation and uncertainty can create issues for many businesses and homeowners. Our goal is to guide you through any real estate litigation issues so that you can focus on your life and future.

Call us at (713) 981-0600 or fill out our confidential contact form to learn more about your legal options. We are here to safeguard your property and rights throughout the legal process.



Pathways Property Lawyers

At Pathways Property Lawyers, our Houston attorneys are here to answer all your legal questions and help you protect your rights regarding personal, business, commercial or investment properties. Call us or fill out our confidential contact form to learn more about your legal options.

Our law firm has considerable experience in Texas real estate law. We advise our clients on issues related to real estate transactions and litigation throughout Southeast Texas. In addition to real estate, our Houston lawyers have experience in other related areas of law, such as family law, business law, estate planning and probate. This allows us to assist clients with all related legal issues, and to take an holistic approach to your specific matter.


contact image

contact us today

contact our law firm today to discuss your real estate matter.

The faster we hear from you, the faster we can strategize.
To schedule a free Zoom or in-person consultation,
call 832-364-6234 or complete our contact form