Daniel W. Uhlfelder P.A. | Attorneys At Law


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Real estate litigation damages business, personal relationship

On Behalf of | May 23, 2019 | Firm News, Real Estate Law

When Florida neighbors are embroiled in a dispute over real estate, it can turn contentious and evolve into a difficult situation that may lead to real estate litigation. These situations can emanate from disagreements that are major or minor. Regardless, for all parties, it is wise to consider the possibility of negotiation while being prepared for a court case if it is necessary. Having legal representation from the beginning is crucial.

A man and his former attorney who had won a significant award in a personal injury lawsuit are at odds over adjoining properties they own. The dispute centers around an injunction that the attorney says the client violated by trespassing and the attorney’s attempts to build wetlands for sale. The client was awarded $45 million in a case after his daughter was killed and his wife suffered permanent brain damage more than a decade ago. The appeals and settlement reduced the amount the man received substantially. Still, the man and his attorney received large sums.

The client purchased a large property. When the attorney heard about it, he also looked at the land and they bought into the area together. Property lines were redrawn and they both owned separate properties. The legal disputes began three years ago when the attorney stated that the client was continually trespassing on this property. A judge agreed. For his part, the attorney was seeking to turn a lake into a wetland and then sell it. The Army Corps of Engineers questioned a remediation credit related to that. The client says the land would lose value if the attorney’s plan came to pass.

It is unfortunate when allies and partners who had success together have a dispute that leads to a court case. However, personal relationships and lamentation over perceived wrongs cannot factor in with business aspects of protecting oneself. For both sides, real estate litigation can be complex in a myriad of ways. Mistakes can be made that could lead to long-term costs and other issues. Having legal advice is imperative to secure a just result or to reach a settlement that is agreeable to all.