Real Estate Litigation

Real estate litigation is a complicated area of law, subject to numerous technical rules. The parties involved in a real estate dispute benefit from working with an attorney with both real estate and construction experience.

At the Sherman Oaks law office of The Horowitz Law Firm, APC, our legal team represents clients in all areas of real estate litigation. Lead attorney Jeffrey Horowitz has more than 20 years of experience in real estate litigation, from the initiation of a legal action to the final disposition. He is skilled at resolving real estate disputes through negotiation, mediation, arbitration and litigation.

Contact the Sherman Oaks real estate law office of The Horowitz Law Firm, APC.

California Real Estate Litigation Cases We Handle

Real estate contract disputes: Our firm represents buyers and sellers in contract disputes, and purchase and sale agreement disputes involving failure to disclose known problems, earnest money or deposit issues. We represent parties in disputes with realtors and real estate brokers involving breach of contract, disclosure problems and other issues.

Boundary disputes, adverse possession and quiet title actions: Boundary issues can relate to encroachments, tree disputes, and the location of walls and fences. In boundary disputes, it is important for the owner to obtain a survey. Our firm can assist you in finding a licensed land surveyor.

Our skilled Los Angeles boundary dispute attorneys can then seek temporary restraining orders or injunctions and can represent you in court.

California law allows a party to file a quiet title lawsuit for ownership of land if that person or entity has been openly using the land and paying taxes on it for five years. Other remedies in boundary dispute cases may involve easements or the equitable balancing of rights.

Easements: There are several types of easements: ingress or egress, prescriptive easements, easements for necessity. An easement allows the easement owner to use someone else’s property in a limited and defined manner.

Common easement disputes relate to creation and termination of easements, and the rights and duties of the respective parties.

Partition actions: If a property is owned by multiple parties, it may be difficult to agree on property use or disposition. Our firm assists clients by filing a partition lawsuit that can result in the property being divided or the property being sold and the proceeds being distributed among the owners.

In California, the person who files a successful partition lawsuit has a right to receive some of his/her attorneys’ fees incurred in bringing the partition action.

Lis pendens: In California, a lis pendens can be recorded when a lawsuit is filed relating to a real property claim. This will cloud the title of property and may help to prevent it from being sold while litigation is pending or the dispute is being resolved.

Our firm can assist you in with recording a lis pendens with the county recorder’s office, when appropriate.

Ownership/title disputes: We help people bring claims against title insurance companies when there is a problem with title. We also assist silent owner wishing to sell a property or otherwise assert their rights to a property.

These disputes frequently deal with the legal remedies of resulting trust and constructive trust.

Foreclosure assistance: We assist parties in filing civil lawsuits to recover money owed on property when a note defaults. We provide trust deed foreclosure assistance as well as a filing for judicial foreclosure.

The holder of a deed of trust should be aware that while a judicial foreclosure will cost more and can take a year or longer to get to court, the deed holder can obtain the amount of deficiency as long as their interest was not used as a purchase money note.

In a trustee sale, the note holder may not be able to recover the full amount owed.

Other real estate issues:

• Nuisance and trespass
• Tree law, including tree ownership, overhanging branches, trimming issues and encroaching roots
• Real estate fraud
• Lease disputes
• Appeals of real estate lawsuits

Common Questions About Real Estate Litigation

Real estate disputes in California often arise quickly and affect property value, access and long‑term ownership rights. Understanding how the law treats these issues helps property owners respond with clarity and confidence.

Can I force my neighbor to remove an encroachment in California?

Perhaps. Property owners may seek encroachment removal when a neighbor’s structure or improvement crosses the legal boundary line. California courts evaluate the nature of the encroachment, the hardships involved in removing it and whether monetary damages would be a remedy.

In some cases, a court may order removal when the encroachment is intentional or significantly interferes with the owner’s use of the property. Other times, the court may allow the encroachment to remain but require compensation. Because each case depends on surveys, historical use and the specific impact on the property, prompt legal review is essential.

Can I block a neighbor from using a driveway or path they have “always” used?

It depends. A neighbor’s long‑term use of a driveway or path may create legal rights, depending on how and why the use occurred. California recognizes easements that arise through written agreements, long‑standing use or necessity. If a neighbor has used a portion of your property openly and continuously for a significant period, they may claim a prescriptive easement.

However, permissive use does not create an easement, and owners may take steps to prevent unwanted claims. Before blocking access, determine whether an easement exists, whether the use was ever permitted and whether any recorded documents affect the property. A careful evaluation helps avoid escalating a dispute or triggering additional claims.

What should I do if I am served with a lawsuit about my property?

Act swiftly. Being served with a real estate lawsuit requires immediate attention because California litigation deadlines are strict. The first step is to read the documents carefully to understand the claims, the parties involved and the response deadline. At the same time, avoid contacting the opposing party, as statements made during early conversations can affect the case.

Gathering relevant documents, such as deeds, surveys, correspondence and photographs, helps an attorney assess the dispute quickly. Early legal counsel can help make required filings on time and guide you through strategic decisions based on a full understanding of the property rights at issue.

Contact Our Sherman Oaks Quiet Title Lawsuit Attorneys

If you have a complex real estate problem, contact the real estate lawyers at the Sherman Oaks, California, office of The Horowitz Law Firm, APC. Call 818-784-5406.

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