Lafayette and New Iberia Real Estate Attorneys

Types of Commercial Real Estate Disputes

At Standard Law, we understand that real estate disputes often center around contractual disagreements, property development or management, and arguments about land usage or title. Luckily, our team of knowledgeable Lafayette real estate attorneys can help you with:

• Breach of the lease, through non-payment of rent, failure to maintain commercial premises, or failure to operate a business in the manner described in a lease contract;
• Disputes between property owners and tenants over the use of commercial space;
• Zoning violations, or other disputes involving land use regulations;
• Construction or development contracts, including lack of payment, unsatisfactory services, or worksite personal injury;
• Disputes over the fair market value of property;
• Undisclosed pollution or contamination of property; and
• Easements or other encumbrances preventing intended uses of real property.

Types of Residential Real Estate Disputes

Disputes that may result from residential real property transactions include:

• Breach of contract for the sale of real property;
• Seller’s disclosures regarding the condition of the premises;
• Disclosures regarding financing;
• Disputes over boundary lines or other encroachments;
• Nuisance claims;
• Alleged violations of restrictive covenants;
• Homeowner’s Association disputes;
• Servitudes, easements or other encumbrances;
• Defects in title;
• Foreclosure or alleged wrongful foreclosure;
• Division of real property in divorce; or
• Division of real property among heirs in the case of a homeowner who dies without a Last Will & Testament

Understanding Property Law

Property law deals with what people own, how they can use it, and under what conditions. It applies to both real property (land) and personal belongings. Everyone in society is affected by property law in some way since ownership and use of land are so common. Property law also overlaps with estate law, family law, and municipal law.

Common Types Of Property Law

Transfers Of Property And Types Of Ownership

It’s crucial for property owners to understand both how they can own their property and the legal process of transferring ownership through sale or gifting. For example, a person may have sole ownership of a piece of property, or they might hold it jointly with others. If they have a joint tenancy, they may or may not be able to transfer their share of ownership to someone else at any time or upon their death.

Deeds

The type of deed you have is extremely important to your legal interest in the property. For instance, a warranty deed ensures the buyer full ownership of the property while a quitclaim deed only relinquishes any rights the person may have in regard to that said property. There are specific rules set by each state on how an effective deed should be both created and recorded.

Zoning Laws

A government can regulate what can be done with private land through zoning laws, which restrict how property owners can use their real estate. Zoning laws can be broad, such as only permitting residential buildings in a certain area, or specific, such as requiring a certain distance between a road and any structure on a tract of land. Anyone who buys property must make themselves aware of local zoning restrictions and ensure they are in compliance.

Mineral Rights

The Louisiana Mineral Code governs mineral rights in Louisiana, meaning the property law issues associated with exploring and producing minerals. Louisiana mineral rights, which are severed from the land, are treated as servitudes which expire for non-use within a prescribed period. This means that ownership of the land does not include ownership of certain minerals naturally occurring in liquid or gaseous form, such as oil and gas. However, the landowner does have the exclusive right to explore and develop the property for the production of these minerals, and to obtain possession through production. This possession provides the landowner of ownership of the minerals. To better understand the concept of mineral rights, we must clarify that minerals can include oil, gas, coal, sulfur and any other substance occurring naturally in the ground. Minerals occurring naturally in a solid state, unlike those in a liquid state, are owned by the landowner.

Private Land Use Laws

Private homeowner associations can restrict property use in the same way that the government restricts public property use. Property law involves creating, enforcing, and challenging private association laws. Just as a government attorney may take steps to enforce zoning violations, attorneys also represent private associations in order to enforce stricter rules about property usage. There are state-regulated laws that establish how these associations become authority figures and what they must do moving forward in order to create their own set of enforceable guidelines.

Eminent Domain

Eminent domain is the right of the government to take private property for public use, with or without the owner’s consent. Owners must be fairly compensated for their losses. Eminent domain laws are often challenged in court. Property attorneys represent landowners and government agencies in eminent domain cases.

Adverse Possession

Adverse possession if when someone claims ownership of property they do not own and did not pay for. In certain situations, adverse possession will allow the possessor to obtain ownership of the land. To obtain land through adverse possession, the possessor must use the property as their own for a certain number of years – either 10 years or 30 years depending on whether the possession is in good faith or bad faith. Generally, the required possession is that which is open for all the world to see, and uninterrupted. Adverse possession can be a serious issue when inaccurate boundaries for neighboring properties have been used for some time. However, adverse possession can also help settle land disputes and ensure that available land is not left abandoned.

Personal Property – Gifts, Lost Property, And Abandoned Property

The way in which personal property is treated usually falls under the laws of the various states. Because of Louisiana’s unique civil law system, our laws regarding personal property can be quite separate and different, while also borrowing legal concepts from the other common law states. Our attorneys at Standard Law are well-versed in all matters concerning personal (movable) property, and are ready to assist you whatever your needs may be.

Contact Our Lafayette Real Estate Attorneys Today

If you’re in need of legal assistance for a property transaction or litigation, look no further than the skilled Lafayette real estate attorneys at Standard Law. We regularly represent clients in sales and lease transactions, condominium developments, breach of contract claims, development disputes, lease disputes, and construction litigation. We even have an affiliate law firm, Standard Title, to help close real estate transactions. No matter what your specific needs may be, our team of qualified real estate attorneys is here to help.