California Real Estate Litigation Attorneys
When real estate disputes threaten your assets, we're here to fight for you.
Real Estate Disputes We're Here to Protect Your Interests.
Real estate disputes can threaten your most significant investments. McLellan Law Group LLP represents property owners, landlords, tenants, developers, and investors throughout Silicon Valley, Santa Clara County, and the Bay Area in the full range of real estate litigation, from commercial lease conflicts and easement disputes to title defects and purchase agreement claims.
We regularly handle real estate matters involving properties in Saratoga, San Jose, Campbell, Los Gatos, and surrounding Santa Clara County communities.
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. Most real estate disputes have a feature that other litigation does not. When it is over, you still own the property, and so does the person on the other side. A judgment that wins the point and leaves you next door to someone you now cannot speak to is not always the best available outcome. We take that into account when we recommend a strategy, which sometimes means pushing hard early to force a resolution, and sometimes means structuring a settlement that puts the boundary, the easement, or the cost sharing in writing so it never comes back.
Protecting Your Property Rights
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.
Notable Results
Joint Venture Litigation Settlements
Secured favorable settlements for a real estate developer in multi-case joint venture litigation.
Shopping Center Parking Plan Defense
Defended a shopping center owner, as real party in interest, against a writ petition challenging its city-approved parking management plan, defeating the petition and the petitioner's request for a stay pending appeal, after which the petitioner abandoned its appeal.
These results are provided for informational purposes only. Prior results do not guarantee a similar outcome, and every matter turns on its own facts and law. Representative matters include results obtained in Mr. McLellan's prior practice.
What Our Clients Say
Results depend on the specific facts and law of each matter. Prior results do not guarantee or predict a similar outcome in any other case.
Real Estate Litigation FAQs
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.
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.
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.
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.
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 may seek specific performance to compel the other party to complete the sale as agreed, provided the requesting party satisfies the requirements for equitable relief. To obtain specific performance, the requesting party must generally prove that they have met all contractual requirements and that the property is unique.
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.
Title defects, such as liens, encumbrances, or errors in public records, can prevent the clear transfer of property ownership and lead to disputes with third parties. These issues often surface during a real estate transaction and can overlap with the purchase and sale disputes, boundary disputes, and other real estate litigation matters we handle. Title insurance can provide some protection against unforeseen defects, and we can help you understand how a title issue affects a transaction or dispute you are already facing.
Zoning and land use decisions are generally challenged by filing an appeal with the local zoning board or planning commission within the required timeframe, presenting evidence and arguments supporting your position, and, if that is unsuccessful, filing a lawsuit in a California court to seek judicial review. These disputes often overlap with the boundary, easement, and property rights matters we handle, and we can help you understand how a zoning or land use issue fits into a broader real estate dispute you are facing.