Real Estate Litigation
When disputes involving real property arise, the matter can seriously affect the ability of a major project to move forward in a timely manner. We have extensive experience litigating real estate disputes including breach of contract, fraud and title issues. If you or your commercial real estate company are involved in a real estate dispute, select a real estate litigation law firm that has the courtroom experience and sense of urgency and business understanding you require. Our Houston real estate litigation lawyers handle all types of real estate litigation cases including:
- Deed Restriction Enforcement or Defense: In Houston and most other Texas cities, because there is no zoning, deed restrictions are the primary method of controlling the use of private property. Unfortunately, there can be abuses by both the owner of the land burdened by the restriction and the owner of the benefited land. If you need to enforce a deed restriction, it is important to act swiftly so that you do not forfeit your rights to enforcement due to the statute of limitations, laches or waiver. If you need to enforce covenants or if you have been accused of violating deed restrictions, talk to a real estate litigation attorney. Michael P. Fleming is board certified in real estate law and Personal Injury Trial Law by the Texas Board of Legal Specialization.
- Boundary Disputes: When parties disagree about boundaries, major projects can suffer costly delays.
- Title Disputes: Title disputes can take many forms including:
- Trespass to Try Title. A trespass to try title case involves a dispute as to ownership of property. The only issues involved are title and possession and a plaintiff must rely on the strength of their own title – not any weakness of a defendant’s title. The remedy that is sought in a trespass to try title action is an order voiding any adverse claim and vesting clear title in the name of the plaintiff.
- Suit to Quiet Title. In a suit to quiet title, a plaintiff seeks to remove what appears to be a defect in their chain of title. This can take the form of an errant deed, improper lien, an adverse possession claim and many others.
A clear title is essential to protect your investment. If the title is in dispute, talk to a real estate litigation lawyer.
- Condemnation, Eminent Domain: The constitutions of the United States and Texas protect you from the unlawful taking of your property without due process and adequate compensation. While the government (and other entities in some cases) can seek condemnation and take your property, you are entitled to appropriate compensation. If you have been contacted by an entity seeking to take your land, contact the Former Harris County Attorney at Michael P. Fleming & Associates immediately to discuss your rights.
- Real Property Contract Disputes: Real estate contract disputes can take many forms. Some of the more common cases we deal with are as follows:
- Fraud in a Real Estate Transaction. A fraud action usually arises when the seller of real estate has either misrepresented the condition of the property or failed to disclose a defect prior to closing. Many times, these conditions involve foundation problems, prior flooding, prior water damage, electrical problems and many other undisclosed defects. We have represented both buyers and sellers in fraud lawsuits. If you purchased property and found that the seller fraudulently deceived you through misrepresentation or lack of disclosure, call our firm today. Likewise, if you have been sued or accused of fraud in relation to the sale of your property, we can represent you in fighting unwarranted allegations. Talk to a lawyer who understands the real estate business and your concerns.
- Breach of Contract: If your buyer or seller has backed out of your real estate contract in violation of your agreement, contact us today to discuss your options. In some cases, specific performance (forcing them to complete the transaction) may be available. You may also be entitled to your other damages and attorneys fees.
- Trespass: If another person or company has entered your property without permission and caused damage, you may be entitled to damages for their wrongful conduct. This included damages to trees, plants, crops, buildings and fences. If you feel that you have been the victim of a trespass, call us today to discuss your options. If you have been accused of a civil trespass, call us to discuss the matter.
- Lease Terminations, Evictions: If you or your company serve as a landlord and need to evict a defaulting tenant, call us now. Our attorneys are experienced at handling eviction actions and can manage the process for you. When litigation is required to protect your property or when your business has been evicted without cause, contact a real estate attorney.
- Wrongful Foreclosure: Our attorneys have represented homeowners in wrongful foreclosure suits to stop and reverse the foreclosure process. Please note that we cannot handle wrongful foreclosure cases on a percentage basis. Please contact us to learn about approximate fees.
At the Michael P. Fleming & Associates law firm, we can help you with the full range of real estate dispute matters. Former Harris County Attorney Michael P. Fleming is board certified by the Texas Board of Legal Specialization in Real Estate Law.
Michael P. Fleming has been recognized as a Texas Super Lawyer for many years. His Houston law firm is AV rated by Martindale – Hubbell (the highest rating) and has been featured in H-Texas Magazine’s Top Attorneys in Houston issue which features the best Houston lawyers and law firms. He is also one of the small percentage of attorneys in the entire country to have had the privilege of arguing and winning a case before the Supreme Court of the United States. Mr. Fleming is also licensed as a Solicitor by the Law Society of Ireland and can assist with any personal or business matters in Ireland through his affiliated Solicitor firm in Dublin, Ireland.
If you have a real estate or other civil litigation matter, contact an attorney with the qualifications, experience and reputation you can trust. Michael P. Fleming is a Houston civil litigation lawyer with the qualifications and experience you deserve.