Experienced Connecticut Real Estate Attorneys
Skilled representation for commercial and residential property disputes
Every parcel of real estate is unique, and disputes over property rights and issues can be just as varied. At Collins Hannafin, P.C., our real estate litigation lawyers draw on decades of experience to provide highly professional representation focused on the results you need. We represent landowners, developers, and commercial and residential landlords and tenants in the greater Danbury area. When you need seasoned attorneys to protect your rights concerning Connecticut real estate, you can rely on our proven skill and deep experience.
Common real estate disputes in Connecticut
If someone is acting in a way that deprives you of your right to full enjoyment of your property, you may need to initiate a lawsuit. Real estate litigation encompasses a wide array of disputes, including:
- Adverse possession
- Boundary disputes
- Conflicts over easements
- Malicious structures, such as spite fence
- Eminent domain
- Fraud or misrepresentation in real estate contracts
- Partition actions
- Residential and commercial real estate lease disputes
- Residential and commercial sales disputes
- Trespass
- Nuisance claims
- Zoning and land use issues
- Waste and dissipation of a life estate in real property
Our attorneys will thoroughly investigate the situation to determine the scope of the problem and advise you of your legal options. You may be entitled to a remedy at law, means you could receive monetary compensation for the losses you’ve suffered, or in equity, which can include a court order to end the offending behavior.
Understanding real estate litigation for residential properties
Much of our residential real estate litigation practice involves representation of homeowners whose rights have been violated in some way. Because litigation is time-consuming and expensive, we make every effort to resolve the problem without court action. As an example, suppose a neighbor begins construction on an addition that crossed onto your property. You complain to your neighbor but he disputes your claim of where the boundary between your properties lies.
As your attorneys, we could take the following actions:
- Send a cease and desist letter to halt construction
- Go to court for an injunction to halt construction until the boundary dispute is resolved
- Thoroughly review all property records, including deeds, surveys, and historical documents, to ascertain the correct boundaries.
- Arrange a professional survey
If you delay, you can wind up in a situation where the encroaching structure is substantially or completely finished. At this point, your neighbor has more invested in the project, which can influence a court’s decision about a remedy. Also, under Connecticut adverse possession law, if an encroachment exists for 15 years, the encroaching party gains ownership of that land.
In such situations, the potential outcomes include:
- Compelling the neighbor to move or tear down the structure — A court that finds the neighbor built the structure in a good faith and was simply mistaken about the property line will hesitate to impose such a draconian remedy.
- Selling the land the structure is on to your neighbor — You would receive fair market value for the encroachment but would permanently lose that area of your property.
- Granting your neighbor an easement for the structure — This means selling your neighbor the right to use that part of your property, but you retain title.
Neighbors often resolve such disputes through mediation in order to avoid protracted litigation, the cost of which might exceed the value of the disputed property.
Contact our knowledgeable CT real estate attorneys to defend your property
Collins Hannafin, P.C. represents clients with real estate interests in the greater Danbury area. If you are embroiled in a commercial or residential real estate dispute, call us at 203-885-1938 or contact us online to schedule an appointment.
