Washington DC Property Disputes & Lawsuits
Legal disputes and lawsuits over property rights and real estate are common problems for many property owners in Washington DC. Washington DC property disputes can include property line disputes (such as quiet title/adverse possession lawsuits, easements concerns, fence disputes, adverse possession matters, tree disputes, and tree damage), property liability disputes (such as trespass of property, property dangers, tree dangers, and direct harm from property hazards), and property ownership disputes (such as probate disputes, contract disputes, and liability concerns). Generally, Washington DC property disputes are very fact specific, and these property disagreements can include various tenants of law. However there are also some common issues related to all types of legal real estate disputes.
Washington DC Property Line Disputes
Washington DC property line disputes generally stem from significant disagreements between adjoining neighbors about their shared property boundary. A large proportion of these neighbor property line disputes result from a lack of full understanding regarding the accurate and true boundary line between neighboring properties. Sometimes these types of property disputes stem from construction disputes. Often adjoining property owners in DC jointly assume the validity of a visual property boundary line (such as a fence, wall, or trees) that is actually inaccurate according to the true Washington DC property records. In fact, these real state disputes can arise between neighbors that have lived for years with differing understandings related to the true properties’ boundary line. In many cases, legal action in DC Superior Court can be taken to enforce the accurate DC property boundary lines.
Additionally, in Washington DC, an individual can sometimes assert the doctrine of adverse possession and quiet title (which relates to adverse possession) to obtain legal ownership of part of their neighbor’s titled real estate due to that their use and possession of that section of property as their own for fifteen years. In Washington DC, an action for adverse possession is the specific mechanism that a person who is not the actual owner of real property (1) can use to obtain a true title to that particular property by the passage of fifteen years through their own possession of that particular real estate over time and/or (2) become immune from a repossession lawsuit initiated by the original DC property owner. Two specific Washington DC code provisions govern adverse possession or quiet title: D.C. Code Section 16–3301 as well as D.C. Code Section 16–1113 and D.C. Code Section 12-301. Commonly, Washington DC adverse possession matters involve fence-line disputes between owners of neighboring properties. A Washington DC property dispute attorney can assist property owners with properly addressing these types of problems.Neighbor property line disputes can also simply result from fence disagreements (such as placement, creation, removal, or set-backs), regardless of the presence of adverse possession. Often the placement of fences and the circumstances surrounding fences between properties can cause legal disputes between neighbors. In fact, Washington DC even has certain legal restrictions on the building of fences on or near property lines. In addition, trees that are located on or near a DC property line can present certain legal problems. Washington DC property owners can have the right to bring a lawsuit or defend themselves in litigation related to dying or damaged trees, trees located on a property line, or trees which have fallen onto their own DC real estate. In fact, often disputes related to trees become DC adverse possession disputes.
Washington DC Property Ownership Disputes
Washington DC property ownership disputes generally stem from issues concerning either agreements related to real estate ownership or the bequeath of real property 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 are the result of oral (not written) agreements to transfer title of a real estate or property to another party. These DC property ownership disputes are often litigated in the District of Columbia Superior Court. Similarly, parties in Washington DC often dispute which individuals are the legal owner of a real estate after a property owner has died. In these types of DC property 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 property disputes are generally disputed within the District of Columbia Probate Division Court (or the District of Columbia Superior Court).
Washington DC Property Liability Disputes
Washington DC property liability disputes are generally the result of either (1) damage resulting from a tree or other item from one’s property causing damage on a neighboring property or (2) damage as a result of a trespass onto real property. Trees or structures can be damaged by the weather or simply through the passage of time. When damage occurs, trees and other structures can cause serious damage onto neighboring properties. As a result, severe legal liability can exist against a real property’s owner for that damage. Nonetheless, legal liability is not easy to assess in these situations. Many different facts can lead to different legal results in DC property lawsuits related to liability. Washington DC has passed (and interpreted) specific legal guidelines for assessing such property liability. Property owners must also be concerned with damage which can occur to DC property guests or trespassers onto their DC property. The District of Columbia Superior Court can and will assess liability in certain circumstances when a guest or trespasser is injured on a DC landowner’s property. A Washington DC property dispute and property litigation lawyer can help all types of DC property owners navigate through these complex legal property issues.
Lis Pendens Concerns in Washington DC
In Washington DC, lis pendens is the legal doctrine under D.C. Code § 42-1207 where there exists a pending lawsuit in Washington DC and a written notice is filed concerning the real estate at issue and the title of that property is affected. Specifically, Black’s Law Dictionary notes that a “notice of lis pendens” ultimately contains the effect of warning all parties that a specific property “is the subject matter of litigation, and that any interests acquired during the pendency of the suit are subject to its outcome.” When such a Washington DC lis pendens filing occurs with regard to a specific real estate in Washington DC, the property owner may have serious legal difficulty in taking any action regarding the title of that DC property, including selling the real estate, insuring the title to the property, or obtaining a loan on the property. Consequently, significant care must be taken in Washington DC to avoid a DC lis pendens action or to have such a DC property lawsuit disposed of as efficiently as possible.
Adam Van Grack and our firm’s other litigation attorneys regularly handle different types Washington DC property lawsuits, fence laws and adverse possession, tree disputes, condominium disputes, lis pendens problems, and tree damage lawsuits. If you would like to discuss a Washington DC property dispute matter or DC lawsuit with Mr. Van Grack or another a real estate dispute attorney, call (301) 291-7156 today to schedule a consultation at our Washington DC location.
