Introduction to Real Estate Litigation
Real estate litigation is the legal process used to resolve disputes involving property. Whether you are a homeowner, investor, landlord, tenant, or business, understanding how these disputes are handled can help you make informed decisions and protect your interests. Real estate litigation can be complex, involving multiple parties, significant financial stakes, and detailed legal requirements. This article explains what real estate litigation covers, why it happens, how the process works, and what practical steps you can take if you face a property dispute.
What Is Real Estate Litigation?
At its core, real estate litigation refers to lawsuits or legal proceedings arising from disagreements about property. These disputes may relate to residential homes, commercial properties, or undeveloped land. Common participants include buyers, sellers, landlords, tenants, lenders, developers, and even neighboring property owners. When parties cannot resolve their differences through negotiation or mediation, they may turn to the courts to seek a legally binding solution [1] , [2] .
Common Causes of Real Estate Litigation
Real estate litigation can arise from a wide array of situations. Understanding the most frequent causes can help you anticipate and avoid potential problems:
- Breach of Contract: Disputes over the terms, execution, or enforcement of purchase agreements, leases, or other real estate contracts are a leading cause of litigation. For example, if a buyer backs out of a purchase without valid cause, the seller may sue for damages or specific performance.
- Title Issues: Challenges to property ownership, such as claims of adverse possession, unresolved liens, or title defects, can lead to court action as parties seek to clarify or defend their rights.
- Boundary Disputes: Conflicts over property lines, often between neighbors, are common. These may involve encroachments, easements, or disagreements about fences and structures.
- Landlord-Tenant Issues: Disagreements over lease terms, rent payments, maintenance responsibilities, or evictions frequently escalate to litigation, especially in commercial settings.
- Construction Defects: Problems with building quality, code compliance, or project delays can spark lawsuits between property owners, builders, and contractors.
Other issues include zoning and land use conflicts, disputes over access rights, and disagreements about property value [3] , [4] .
The Legal Process: How Real Estate Litigation Works
While each case is unique, real estate litigation generally follows a series of standard steps:
1. Attempted Resolution Outside Court
Most parties try to resolve property disputes through direct negotiation or, when that fails, through mediation or arbitration. These alternatives are typically faster and less expensive than going to trial. Many legal professionals recommend exhausting these options before filing a lawsuit.
2. Filing a Lawsuit
If out-of-court efforts fail, one party may file a formal complaint in court. This document outlines the legal basis for the dispute and the relief sought-such as monetary damages, an injunction, or specific performance (forcing a party to complete a transaction).
3. Discovery
During discovery, both sides gather evidence, which may include documents, emails, property surveys, depositions, and expert testimony. This phase is critical for building each party’s case and identifying strengths and weaknesses.

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4. Pre-Trial Motions and Settlement Discussions
Parties may file motions to resolve some or all issues before trial or to dismiss the case. Settlement discussions can continue at any stage. In fact, many real estate disputes settle before ever reaching the courtroom.
5. Trial
If the dispute is not resolved, it proceeds to trial. Both sides present evidence and arguments to a judge or jury, who then issues a verdict and any applicable remedies.
6. Post-Trial Actions
Depending on the outcome, the losing party may appeal, or the court may oversee the enforcement of its judgment. This could involve transferring property, awarding damages, or ordering other remedies [4] , [2] .
Real-World Examples of Real Estate Litigation
To illustrate how these disputes unfold, consider the following scenarios:
- Example 1: A buyer discovers after closing that the property has an undisclosed easement, limiting its use. The buyer may sue the seller for breach of contract or failure to disclose.
- Example 2: Two neighbors disagree about the placement of a fence. After failed negotiations, one files suit for a declaratory judgment to determine the correct boundary based on county records.
- Example 3: A commercial tenant is evicted for alleged lease violations. The tenant files suit, claiming the landlord failed to maintain the property as required by the lease.
Each example highlights the diversity and complexity of real estate litigation cases [1] , [5] .
The Role of a Real Estate Litigation Attorney
Given the complexity of property disputes, many parties seek help from a real estate litigation attorney. These professionals can:
- Interpret and explain legal rights and responsibilities
- Negotiate settlements or represent clients in court
- Prepare and review documents, ensuring compliance with state and local laws
- Advocate for their client’s interests throughout the process
Representation is especially important in cases involving significant financial stakes, complex property law, or multiple parties. Attorneys can also explore alternative dispute resolution options to save time and money [2] , [1] .
Practical Steps if You Face a Real Estate Dispute
If you are involved in a property dispute, here are actionable steps you can take:
- Document Everything: Gather all contracts, correspondence, surveys, and records related to the dispute.
- Communicate Clearly: Attempt to resolve misunderstandings directly with the other party. Written communication is preferable for documentation purposes.
- Consult a Professional: Consider seeking advice from a real estate attorney or mediator, especially if the case is complex or high-value.
- Explore Mediation or Arbitration: These options can often resolve disputes more quickly and affordably than litigation.
- Understand Your Rights: Research local property laws or consult your local bar association for educational resources.
- Be Mindful of Deadlines: Legal actions often have specific time limits. Missing deadlines can jeopardize your case.
For help finding a qualified attorney or mediator, you can search the American Bar Association’s lawyer directory, contact your state or county bar association, or ask for referrals from industry professionals. If you are unsure where to begin, consider searching online for “real estate litigation attorney” + your city or state for local options.
Potential Challenges and Solutions
Real estate litigation can be costly and time-consuming. Parties may face challenges such as gathering sufficient evidence, interpreting complex legal language, or handling emotional stress. To address these issues:
- Seek Early Legal Advice: Consulting an attorney as soon as a dispute arises can prevent missteps and clarify your options.
- Consider Alternative Dispute Resolution: Mediation and arbitration can save resources and preserve business or neighborly relationships.
- Stay Organized: Keeping thorough records and clear documentation enhances your ability to present your case.
Alternative approaches can include negotiating creative settlements, using title insurance to resolve ownership conflicts, or making use of local government dispute resolution programs.
Key Takeaways
Real estate litigation is a specialized area of law designed to resolve disputes involving property. Common causes include contract breaches, title issues, boundary conflicts, and landlord-tenant disagreements. While the litigation process can be demanding, understanding your rights, staying organized, and seeking professional help can protect your interests. Exploring alternative dispute resolution options may offer faster, less expensive solutions. If you need assistance, contact a qualified real estate attorney, or reach out to your local bar association for resources and referrals.

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References
- [1] Miles Hansford (2024). The Top Reasons Why Real Estate Litigation Occurs and How to Address Them.
- [2] Estavillo Law Group (2024). Navigating Real Estate Litigation: What You Need to Know.
- [3] Vannoy, Colvard, Triplett & Vannoy (2025). FAQ Real Estate Litigation.
- [4] Brillant Law (2024). The Ultimate Guide to Real Estate Litigation and Transactions.
- [5] St. Johns Title (2022). Understanding Real Estate Litigation.