REAL ESTATE LitIgation

Protecting Your Property, Your Investments, and Your Peace of Mind

When real estate disputes threaten your assets, we’re here to fight for you.

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Real Estate Disputes Can Feel Overwhelming—We’re Here to Protect Your Interests

Whether it’s your home, business, or investment property, real estate conflicts can disrupt your life and finances. At McLellan Law Group, LLP, we deliver results-driven representation to resolve disputes and protect what matters most to you.

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Comprehensive Real Estate Litigation Services

Our attorneys have experience handling a wide range of real estate litigation issues, including landlord-tenant disputes, co-ownership disagreements, easement rights, CC&Rs (Covenants, Conditions & Restrictions), and adverse possession claims. No matter how complex the case, we have the knowledge and dedication to achieve the best outcome.

How We Can Help

Real estate disputes are stressful and costly, but they don’t have to define your future. We’ll assess your situation, explain your options, and fight to protect your property rights, whether through negotiation, mediation, or litigation.

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Common Types of Real Estate Disputes We Handle

  • Co-Ownership Disputes: Resolving disagreements between property owners over usage, responsibilities, or sale of the property.

  • Commercial Lease Disputes:  Representing commercial landlords and tenants in disputes involving lease terms, rent escalation, property maintenance, tenant improvements, and property damage. We focus on complex issues in commercial leases, including enforcing agreements, addressing defaults, and resolving disputes to protect your business interests.

  • Easement and Boundary Issues: Protecting your rights when conflicts arise over property access or boundaries.

  • CC&R Violations:  Addressing conflicts involving homeowners’ association (HOA) rules or restrictions.

  • Adverse Possession: Defending or asserting property rights in cases involving unauthorized use or occupancy.

  • Nuisance Claims: Representing property owners dealing with interference or disruptions that impact the use and enjoyment of their property.

  • Purchase and Sale Disputes: Resolving conflicts over purchase agreements, non-disclosures, or breaches of terms during property transactions.

  • Breach of Fiduciary Duty by Realtors: Holding real estate professionals accountable when they fail to act in their client’s best interests, leading to financial harm.
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Why Choose McLellan Law Group?

At McLellan Law Group, LLP, we combine legal skill with a practical approach to resolve your real estate disputes efficiently. We understand the emotional and financial toll these conflicts take, and we’re committed to providing you with clarity, confidence, and results every step of the way.

Your Property Is Our Priority

Whether you’re protecting your investment or fighting for your property rights, we’re here to help. Our attorneys have a proven track record of success in real estate litigation, and we will work tirelessly to secure the resolution you deserve.

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Don’t Let a Real Estate Dispute Put Your Property at Risk

Contact us today to schedule a consultation and take the first step toward resolving your dispute.

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  • What are common types of real estate disputes?

    Common types of real estate disputes include boundary disputes, where property lines are contested, and landlord-tenant disputes, involving issues like lease agreements and eviction. Other frequent disputes involve breach of contract in real estate transactions, such as failure to disclose property defects or incomplete transactions. Easement and right-of-way disagreements, zoning and land use conflicts, and title defects are also prevalent. In California, these disputes often require legal intervention to resolve and protect property rights. Understanding these common issues can help you identify and address potential real estate conflicts.

  • What steps should I take if I am involved in a property boundary dispute?

    If you are involved in a property boundary dispute, start by reviewing your property deed and any related documents to understand your property's legal boundaries. Hiring a licensed surveyor to conduct a professional survey can provide an accurate assessment of the boundary lines. Attempt to resolve the dispute amicably by discussing the issue with your neighbor, supported by the survey results. If an agreement cannot be reached, consult with a real estate attorney experienced in California property law to explore legal options, such as mediation or litigation. Taking these steps can help protect your property rights and resolve the dispute effectively.

  • What are my legal options if a real estate transaction falls through?

    If a real estate transaction falls through, your legal options include negotiating a new agreement or pursuing mediation to resolve disputes. You may also file a lawsuit for breach of contract to seek damages or specific performance, which requires the other party to complete the transaction as agreed. Reviewing the contract terms and any contingencies is crucial to understanding your rights. Consulting with a real estate attorney experienced in California law can help you determine the best course of action. Protecting your interests in a failed real estate transaction is essential to recovering potential losses.

  • What should I do if I discover a defect in a property after purchase?

    If you discover a defect in a property after purchase, first review your purchase agreement and disclosure documents to see if the defect was disclosed. Document the defect with photos and detailed notes. Notify the seller in writing about the defect and request a resolution, such as repairs or compensation. If the seller refuses to address the issue, consult with a real estate attorney experienced in California law to explore legal options, including potential claims for misrepresentation or breach of contract. Protecting your rights and ensuring proper remedies for undisclosed property defects is crucial.

  • What is specific performance in real estate litigation?

    Specific performance in real estate litigation is a legal remedy where the court orders a party to fulfill their obligations under a real estate contract. This remedy is often used when monetary damages are insufficient, particularly in unique property transactions. In California, a buyer or seller can seek specific performance to compel the other party to complete the sale as agreed. To obtain specific performance, the requesting party must prove that they have met all contractual requirements and that the property is unique. Understanding specific performance can help protect your interests in real estate transactions.

  • How are easement and right-of-way disputes handled?

    Easement and right-of-way disputes are handled by reviewing the property deeds and any recorded easement agreements to determine the legal rights involved. If the terms are unclear, a surveyor may be needed to define the exact boundaries and usage rights. Mediation or negotiation can often resolve these disputes amicably between property owners. If a resolution cannot be reached, litigation may be necessary, where a court will interpret the easement and rule on the dispute. Consulting a real estate attorney can provide guidance and protect your rights in easement and right-of-way conflicts.

  • What are the legal implications of a title defect?

    The legal implications of a title defect can include challenges to property ownership, financial losses, and potential disputes with third parties. Title defects, such as liens, encumbrances, or errors in public records, can prevent the clear transfer of property ownership. In California, resolving a title defect may require legal action to clear the title, which can involve litigation or negotiations with creditors or other claimants. Title insurance can provide some protection against unforeseen defects. Addressing title defects promptly is essential to securing property rights and ensuring smooth real estate transactions.

  • How can I challenge a zoning or land use decision?

    Consulting with a real estate attorney experienced in zoning and land use laws can provide guidance and increase the chances of a favorable outcome. To challenge a zoning or land use decision, an attorney will begin by reviewing the specific decision and the applicable zoning laws or ordinances in your area. File an appeal with the local zoning board or planning commission within the required timeframe, presenting evidence and arguments supporting your position. If the appeal is unsuccessful, you can file a lawsuit in a California court to seek judicial review of the decision. Understanding the legal process is crucial for effectively challenging zoning decisions.

Client Testimonials

Hear from Those We've Represented

I recommend Attorney Claire Melehani, whose efforts were immediate, determined, analytical, well considered, and constant. Throughout her personal and team efforts, Claire worked hard to build a strong, strategic, and effective case to ensure a positive resolution to an unfolding disruptive and stressful situation. Much appreciation and gratitude.

- Anonymous

We worked with Claire and Steven on a living trust issue that we had, and were very impressed with their professionalism and patience in handling everything. Claire was highly recommended from another firm we had reached out to, and we certainly understand why. The situation we were dealing with was complicated, but both Claire and Steven were quick to get all the facts and wonderful in helping us get a clear game plan figured out. It is reassuring to know that we can always reach out to them for additional help if needed.

- Wendy

Steven’s legal expertise and sophistication were tremendous in resolving key issues in my case. Most important of all, Steven’s ability to bring my case to settlement with eloquent presentation while keeping my focus on the bigger picture was most impressive to me. If ever needed, I would hire Steven for his services in a heartbeat.

- Benjamin