At J. Patrick Stapleton, P.C., we bring over 20 years of experience representing a variety of clients in real estate disputes including homeowners, landowners, buyers, sellers, and real estate agents. Our firm represents clients with a variety of real estate issues and disputes including:
- Boundary conflicts
- Easements and right of way issues
- Contract disputes
- Other real estate matters
When landowners have adjacent properties, boundary disputes can come up for many reasons:
- The property deeds may have overlapping or vague descriptions
- The owners may have conflicting surveys
- Fences that have been erected may not reflect the actual property lines
- Natural monuments such as trees or rocks may have been moved, cut down, died or disappeared
Boundary line law is a complicated area of Tennessee law that has developed over decades and decades, primarily through what is known as common, or case law. When dealing with these issues it is important to have an attorney who is experienced and has a good working knowledge of the law. Over the years, our firm has handled many such cases.
Easements and Right of way issues
One of the essential things any property must have in order to be usable, is access. Access to a public road for ingress and egress, or for whatever use you may desire to put the property to. Disputes about easements and Rights of Way are very common in East Tennessee. They typically arise when someone is selling off a portion of a larger tract, but fails to provide an easement to the public road. Disputes also frequently arise about shared drives, what they can be used for, and maintenance. Our experience in handling these types of disputes for many years has provided us with the working knowledge you need to handle your individual issue.
In Tennessee, real property is held to be unique under the law. Because of this, when it comes to the breach of a contract involving real property, such as the breach of a Purchase/Sale agreement, those contracts have enforcement remedies that are not available in other types of contract cases. For example, the court could order specific performance. In other words, the court can force the parties to perform the contract, rather than just awarding damages. These are difficult cases that require both knowledge and experience. You can count on us to represent your interests zealously in these matters.
Other Real Estate Matters
In addition to those items discussed above, the firm also provides the following real estate services.
- Removal of Title Defects
- Quiet Title Actions
- Partition Suits
- Disputes with Developers
- Representation before Planning Commission