Little Rock Property Disputes Lawyer

Little Rock Property Disputes Attorney

A property dispute in Little Rock, AR can affect homeowners, tenants, business owners, and real estate managers. Property ownership represents a significant financial investment that few people take lightly. Property disputes can involve anything from disagreements between neighbors about where their property line is drawn to the infringement of an individual’s property rights by a governmental agency. If you are facing a property dispute, a Little Rock property dispute attorney can review your situation and determine the ideal legal actions to protect your interests and your property.

You need an attorney who can advocate for your rights as a property owner and knows when to work for a resolution out of court and when litigation is necessary. At Lemley Law Partners, we can provide legal assistance for zoning disputes, title disagreements, disputes with homeowners associations, and disputes where access to your land is blocked. Our attorneys have over 50 years of combined legal experience, and we use our understanding of property and contract law to help you negotiate an effective resolution or file a civil claim for damages. We can use our resources and knowledge to develop a strong strategy to defend your property rights.

Understanding a Property Dispute

Property disputes involve a wide range of issues related to real estate and property. These legal issues may have to do with:

• Personal property
• Commercial real estate
• Residential real estate
• Governmental property
• Commercial property

These issues deal with several legal disputes between parties, such as:

• Landlords and tenants
• Buyers and sellers
• Real estate investors
• Homeowners associations
• Government agencies
• Real estate developers
• Neighbors
• Family members

Disputes can frequently be resolved through mediation or negotiation between parties. However, litigation is sometimes required to fully protect your rights in a property dispute matter.

Common Property Disputes in Little Rock

There are many ways that a property dispute can occur. These include:

• Boundary Line Disputes: Neighbors may disagree on the boundary line for a property, and there may be outdated or moved markers. These disputes can also occur when neighbors breach a property line, cut down trees and timber on their neighbor’s property, or damage crops.
• Ownership Disputes: Disputes can occur when parties are unsure who owns the title and deed to a property.
• Blocked Land or View Disputes: These disputes can occur if a neighbor purposefully installs a structure to block a neighbor’s view or, in some way, blocks or refuses access to an owner’s property.
• Landlord and Tenant Disputes: Landlords and tenants can disagree over lease and housing contracts or about who is responsible for fixing damage to the property.
• Homeowners Association Disputes: A homeowners association (HOA) often has requirements that may confuse new homeowners, and disputes can occur over assessment fees and maintenance guidelines. The sooner you begin to work with a property dispute attorney, the more effectively the conflict can be resolved through mediation.
• Real Estate Developers and Construction Disputes: Disputes can arise when new homeowners purchase a home, only to find that there are significant construction or maintenance issues. This can also occur after a construction project. Homeowners and other parties will likely disagree on who should be responsible for repairing damage to a home or construction failure.
• Purchase, Sale, and Lease Agreement Disputes: During drafting or negotiations and after signing, disputes can occur regarding purchase agreements. An attorney can help make these negotiations go more smoothly and prevent the need for litigation.
• Contract Breach Disputes: Any time one party doesn’t hold up their end of a mutually-made agreement, they can be held in breach of contract. This may occur in purchase contracts, rental contracts, and more.
• Easement Disputes: An easement is the right of another party to use property without owning it. Utility companies and government agencies may use easements for several reasons, but this can frequently lead to disputes.

FAQs About Little Rock, AR Property Disputes Laws

How Much Does a Real Estate Lawyer Cost in Arkansas?

The average cost of a real estate attorney in Arkansas is $230 an hour, and a civil litigation attorney averages $264 an hour, but these costs vary based on several factors. Not all real estate services will be priced on an hourly basis. Simple services, such as a straightforward filing, will likely be charged at a flat fee. An attorney’s fees are also reliant on their experience level, where they are located, and the complexity of your unique dispute, contract, or litigation issue.

Does Arkansas Require a Real Estate Attorney?

While some states require a real estate attorney to close real estate deals, this is not the case in Arkansas. However, it is highly recommended that you work with an attorney when drafting, reviewing, and negotiating any contracts, including purchase, sale, or lease agreements. The presence of an attorney can protect your rights and interests while ensuring that the agreement is legally enforceable. It can also ensure that all parties’ responsibilities are clearly outlined.

How Do You Transfer Property After Death Without a Will in Arkansas?

If you die without a will or any estate planning documents, your estate is subject to intestate inheritance laws after passing through probate court. The court will appoint a family member to be the executor of your estate and distribute it to intestate heirs.

If you want to avoid this default distribution of assets, you can create a trust or several trusts in place of a will. This can keep your estate out of probate and give you control over who receives the assets in your estate and when. An experienced estate planning attorney can help you determine which documents are helpful for your needs.

What Is the Heir Property Act in Arkansas?

The Arkansas Uniform Partition of Heir Property Act (UPHPA) exists to determine and balance the rights and responsibilities of co-tenants on a single property. Co-tenants refer to family members or heirs who have tenancy in common ownership over a property. Under intestate laws, the spouse and children of a deceased person have equal rights to their property, and further descendants have a portion of those rights. This balancing of property rights aims to give the same weight to family members or heirs who want to sell a property and those who want to keep the property.

Protect Your Property Rights

By working with a qualified property dispute attorney, you can save yourself stress and uncertainty while more effectively resolving the dispute. Contact Lemley Law Partners today.