The ownership and use of real estate is more than just the American
dream. Real estate ownership and use are constitutional rights of every
United States citizen. Unless you agree to your rights of ownership
being restricted, or in some instances if you fail to take action, those
rights cannot be legally encumbered by things like easements or a
trespassing neighbor. While some restrictions on use of property are legal, like restrictions on operating a business in a residential area, sometimes the property owner can get a variance that allows for a proposed use. Sometimes, the restrictions on your property use, or the manner in which local zoning or land use restrictions are implemented by governments, might be unconstitutional. Examples include unlawful impact or development fees, imposing overreaching conditions on use, attempted restrictions on a grandfathered right of use, or other action that deprives you of certain rights of ownership. You cannot be deprived of your property by a government agency without notice and opportunity to be heard and, even then, you are entitled to compensation before your property can be taken.
Buying and selling real estate also comes with rights and obligations. For example, a seller of real estate has obligations to disclose certain information about the property. Real estate agents owe certain duties to both buyers and sellers. Mortgage brokers and lenders also owe certain duties to buyers. Title companies and title insurance companies owe duties to buyers and sellers as well. Some of these rights and duties are a matter of law, while others arise from the terms of a contract or insurance policy.
The Boise law firm of Jones & Swartz PLLC has helped several clients with real estate, land use, and zoning disputes. We have sought to have easements declared and have fought against others being imposed. Our civil litigation attorneys have enforced lot-line ownership rights in order to force a trespassing neighbor to cease construction of an encroaching development. We have helped clients obtain variances from local government-imposed limitations on setbacks and real property use. We have represented clients in lawsuits against sellers of property and real estate agents who failed to disclose information about the property being purchased. We have also represented clients in lawsuits against developers, real estate agents, and lenders for failing to make disclosures that are required by law. And Jones & Swartz PLLC has helped clients enforce their rights to foreclose on, and take ownership of, real estate that they had a right to as security for performance of promises to pay.
If your American dream of real estate ownership is turning out to be a nightmare, or if someone is trying to take your dream away without due process of notice and an opportunity to be heard, you need to call the civil litigation attorneys at Jones & Swartz PLLC. When it comes to real estate disputes, time is of the essence so do not delay.