Real estate has always been a great investment, but like all places you may put your money, it is not free from headaches. Whether you are an owner, developer or landlord here in Pittsburgh, at some point you are going to find yourself in litigation concerning your real property. This is almost unavoidable as there are so many types of disputes involving real estate. Fortunately, an experienced real estate litigation attorney can help guide you through the process, making sure you get a successful result that protects your rights in your assets.
What are the Most Common Real Estate Disputes in Pittsburgh?
Real estate disputes here in Pittsburgh run the gamut from simple ones that may be easily settled to complex matters that may take years to resolve. They usually can be broken up into five categories, which relate to the type of dispute and the parties involved.
If you are an owner who rents out your real estate to others either as residential or commercial tenants, you may find yourself in landlord-tenant disputes. This can involve suing a tenant for failing to pay rent or breaching some other term of the lease. In this situation, you would be the plaintiff. This is also the case if you are looking to evict a tenant who has overstayed his or her lease, or breached some other term. Conversely, you may find yourself as the defendant in a case brought by a tenant claiming that you have not maintained the property in a habitable condition. This may allege that you failed to make repairs or to carry out needed maintenance. Finally, you may get sued by a former tenant for not returning some or all of the security deposit.
Another area of common real estate litigation in Pittsburgh is boundary disputes. Despite your best efforts in getting an official survey, some of your structure or a fence you own may encroach on a neighbor’s property. You could get into a dispute with a neighbor over an easement or right of way that provides access to either party’s property. Some of these disputes can arise if there are any inaccuracies in the deeds or surveys on the land. Finally, a common cause of litigation is adverse possession, where one party claims ownership over a portion of another’s property after it has been occupied openly, continuously, and hostilely (meaning without approval of the owner) for a period of at least 21 years.
A third area of real property disputes in Pittsburgh are ones involving co-owners. Sometimes, two or more people own and occupy the same property. They may come into conflict over how it is used, maintained or sold. This will have to be resolved. One way is an action for partition under which the land is divided between the co-owners.
Construction can also lead to major real estate litigation. Sometimes, contractors fail to complete the work or do so in a shoddy manner. This can lead to demands for completion or repairs. Construction work can also cause damage to the property where they are working or to an adjacent property.
Finally, real estate transactions themselves can give rise to disputes. A seller may fail to disclose a defect or other matter that it is obligated to tell the buyer. There can also be claims for breach of contract in real property transactions, such as failing to carry out an action that had been agreed upon by the parties. The validity of the title to the property itself can also come into question, including who is the rightful owner of a parcel of land. There are also possible conflicts with the City of Pittsburgh over zoning and land use restrictions. All of these may need to be litigated in order to obtain a satisfactory resolution.
What are the Options for Resolving Property Disputes?
There are a number of ways to resolve a dispute involving real estate. The simplest way is direct negotiation with the other parties. Before things get out of hand, the parties can meet, often with each side bringing along an attorney. The goal of the negotiation is to see if the dispute can be resolved in an amicable fashion that satisfies most of the needs of each party. This may involve each party getting what it most wants out of the real estate while giving up something in return. However, this is not always possible, as some conflicts can only be resolved with one side getting everything it wants and the other getting little or nothing.
If the parties are unable to resolve the dispute through negotiation, the most common way to handle things is for one side to file a lawsuit. No matter the type of dispute, there are ways to deal with things in court. For example, if it involves a person using your land, then you would file a landlord-tenant action. Where the suit is over your rights in the land including its boundaries, you would file a quiet title action or a trespass lawsuit. Disputes with your co-owners can be handled by an action for partition. Your experienced Pittsburgh real estate attorney will be able to guide you through the process.
One thing to consider is that real estate litigation can be costly and time consuming. This is why some parties consider alternative dispute resolution (ADR). There are two main types of ADR: mediation and arbitration. Mediation involves a neutral third party, often an attorney or a retired judge, acting as a facilitator, called a mediator. This person will attempt to negotiate a mutually agreeable resolution to the conflict. This can be a cost effective way to resolve a dispute. However, the mediator has no real power and cannot bind the parties to any dispute resolution.
Arbitration is different. This is like a private trial before a neutral third party called an arbitrator. This person will hear the evidence from each side and will then make a decision. The evidentiary rules tend to be more relaxed than in court cases, and the setting can be somewhat more informal. While in most instances arbitration is binding (meaning that the decision of the arbitrator has to be followed by the parties), in some situations there is non-binding arbitration. Arbitration can be faster and less costly than a court case, but it is difficult to appeal or overturn the decisions of a binding arbitration. For the most part, unless you can show that the arbitrator held some kind of bias against you, you may be stuck with an adverse decision.
What are the Procedures for Real Estate Litigation?
A real estate case begins with the filing of a writ of summons and complaint. The type, scale and scope of your dispute will govern the court in which your case is heard. For example, disputes under $12,000 are in Magisterial District Court, while those for major property disputes will be filed in the Court of Common Pleas. If you are in a dispute with a residential tenant, then your case will be held in the Housing Court for Allegheny County.
The writ of summons and complaint will have to be served upon the defendants. This can be complicated if any of the defendants reside outside of Pennsylvania. Once they have been served, the defendants will usually have 20 days in which to file an answer to the complaint. The case will then be placed on a court calendar, and the parties will enter into discovery. This is where the parties exchange evidence, conduct depositions, and prepare for their case. Depending on the complexity and type of the case, discovery can last from a few months to several years.
After the discovery is completed, the parties will have the opportunity to file pretrial motions. These can cover the admissibility of evidence, an attempt to dismiss the case, or a demand for summary judgment, which is where one party says it will prevail without the need for a trial. After the court has disposed of the various motions, it will then conduct a trial and render a verdict, either with a jury or the judge acting as the sole decider of fact. If any party is unhappy with the decision, it can file an appeal, which can further delay matters.
One thing to keep in mind is that if you are in a Housing Court dispute, your case will be heard more quickly than a complex real estate dispute before the Court of Common Pleas. So, while a landlord-tenant case may only last a few months, a major property dispute could take several years to resolve.
Contact Our Experienced Pittsburgh Real Estate Litigation Attorneys
Real estate disputes can be some of the most complex and costliest types of cases to resolve. It is vital to get the representation you need to get a satisfactory result. The experienced real estate litigation attorneys at Jones Gregg Creehan & Gerace will guide you through the process, making sure your rights and interests are protected. Contact us today so that we can begin work on your real estate case.