Washington DC Condominium Disputes & Lawsuits
Legal disputes and lawsuits over condominium property rights can be problems for many condominium owners throughout Washington DC. Washington DC condominium disputes can include condominium/property line disputes (such as quiet title/adverse possession, condominium easements concerns, and border disputes), condominium liability disputes (such as trespass of property, tree dangers, and property harm), common elements disputes, and condominium ownership disputes (such as probate disputes, contract disputes, and common elements liability). Generally, Washington DC condo disputes are very specific, and these condominium disagreements can include various types of law. However there are also some common issues related to many types of legal condominium disputes.
Washington DC Condominium Property Line Disputes
Washington DC condominium property line disputes generally stem from disagreements between adjoining condo neighbors about their shared condominium boundary or the condominium’s common elements boundaries. Many of these neighbor condominium line disputes result from a lack of understanding regarding the accurate and true property line between neighboring condominiums. Sometimes these types of condominium disputes stem from condominium construction disputes. Often adjoining DC condominium owners assume the validity of a visual property condominium line (such as a fence, wall, or trees) that is actually inaccurate according to the true Washington DC property records. These condominium disputes can arise between condominium neighbors that have lived for years with differing understandings related to the true condominiums’ boundary line. In many cases, legal action in DC Superior Court can be used to enforce the accurate DC condominium boundary lines.
Additionally, in Washington DC, an condominium owner or renter can sometimes assert the doctrine of adverse possession and quiet title to obtain legal ownership of part of a condominium titled real estate due to that their use and possession of that section of property as their own for fifteen (15) years. In Washington DC, an action for adverse possession is the specific mechanism that a person who is not the actual owner of a condominium (1) can use to obtain a true title to that particular condominium, common element, or any property by the passage of fifteen (15) years through their own possession of that particular real estate, condominium, or common elements over time and/or (2) become immune from a repossession lawsuit initiated by the original DC condominium or property owner. Two specific Washington DC code provisions govern condominium adverse possession or quiet title: D.C. Code Ann. § 16–3301 and D.C. Code Ann. § 16–1113 and D.C. Code Ann. § 12-301. Often Washington DC condominium adverse possession matters involve condominium border disputes between owners of neighboring condominiums or common elements. A Washington DC property dispute attorney can assist condominium owners with properly addressing these types of condominium problems.Neighbor property line disputes can also simply result from border disagreements, regardless of the presence of adverse possession regarding the condominium . Often the placement of fences and the circumstances surrounding condominium borders between condominiums (including common elements concerns) can cause legal disputes between condominium neighbors. In fact, Washington DC even has certain legal restrictions on the building any aspects of condominium on or near property lines as well as near common elements. In addition, trees that are located on or near a DC condominium property line can present certain legal problems. Washington DC condominium owners can have the right to bring a lawsuit or defend themselves in litigation related to dying or damaged condominium trees which have fallen onto their own DC condominium. In fact, often condominium disputes become DC condominium adverse possession disputes.
Washington DC Condominium Ownership Disputes
Washington DC condominium ownership disputes generally stem from issues concerning either agreements related to condominium ownership or the bequeath of condominium ownership rights to different parties. In Washington DC, to enter into a contract for the transfer of DC real property, the agreement must be in writing. See D.C. Code § 28-3502 & Bonfire, LLC v. Michael R. Zacharia. Despite this seemingly legal requirement, many property disputes or common elements disputes are the result of agreements to transfer title of a real estate, common elements, condo or property to another party. These DC property ownership disputes or common elements disputes are often addressed in the District of Columbia Superior Court. Similarly, parties in Washington DC often condominium disputes which individuals are the legal owner of a condominium after a property owner has died. In these types of DC condominium ownership disputes, the parties often will litigate the intent of the decedent regarding the ownership of their property interest following the party’s passing. These specific DC condominium disputes are generally disputed within the District of Columbia Probate Division Court (or the District of Columbia Superior Court).
Washington DC Condominium Property Liability Disputes
Washington DC condominium property liability disputes are generally the result of either (1) condominium damage resulting from item from one’s property causing damage on a neighboring condos or (2) condominium damage as a result of a trespass onto the condominium. Condominiums can be damaged by the weather or simply through the passage of time. When damage occurs, trees and other condominium structures can cause serious damage onto neighboring condominiums. As a result, legal liability can exist against a condominium’s owner for that damage. Nonetheless, legal liability for condominium damage or common elements damage is not easy to assess in these situations. Many different facts can lead to different legal results in DC condominium lawsuits related to liability. Washington DC has passed (and interpreted) specific legal guidelines for assessing such condominium liability or common elements liability. Condominium owners must also be concerned with damage which can occur to DC condominium guests or trespassers onto their DC condominium . The District of Columbia Superior Court can and will assess liability in certain circumstances when a guest is injured on a DC condominium owner’s property. A Washington DC property dispute and property litigation lawyer can help DC condominium owners navigate through these complex legal property issues.
Adam Van Grack and our firm’s other litigation condominium attorneys regularly handle different types Washington DC condominium property lawsuits, common elements disputes, condominium adverse possession, tree disputes, lis pendens problems, and condominium tree damage lawsuits. If you would like to discuss a Washington DC property dispute matter, common elements disputes, or condominium lawsuit with Mr. Van Grack or another condominium dispute attorney, call (301) 291-7156 today to schedule a consultation at our Washington DC office.
