California Real Estate Litigation Attorneys
California real estate litigation attorneys for construction-related property disputes, easements, title, and damage claims.
Construction and real estate are inseparable — and when construction goes wrong, real estate disputes follow. Property damage from neighboring construction, boundary disputes triggered by new development, easement conflicts, and title issues arising from construction liens all require attorneys who understand both construction and real estate law.
Why It Happens
Construction-related real estate disputes arise from property damage caused by neighboring construction, title defects created by mechanics liens, easement violations during construction, and boundary disputes triggered by new development.
California real estate litigation involving construction draws on several statutory frameworks: Civil Code §§3479–3503 (nuisance law — neighboring construction that substantially interferes with property use gives rise to nuisance claims); Civil Code §§801–813 (easement law — construction that violates easement rights triggers injunctive relief and damages); Civil Code §§8000–8848 (mechanics lien law — liens cloud title and must be addressed before sale or refinancing); CCP §§760.010–764.080 (quiet title actions — used to clear title defects from invalid liens); Civil Code §§895–945.5 (construction defect claims affecting real property); and Insurance Code (title insurance coverage for construction-related title defects). Trespass claims for construction encroachment carry a 3-year statute of limitations. Nuisance claims are subject to a 3-year statute of limitations from discovery. Property damage from neighboring construction is actionable under negligence, nuisance, and trespass theories simultaneously.
What's at Risk
- Title defects that prevent sale or refinancing of property
- Easement violations that expose you to injunctive relief and damages
- Property damage claims from neighboring construction
- Mechanics liens that cloud title
- Boundary disputes that require expensive surveys and litigation
- Ignoring mechanics liens that cloud title
- Failing to document property damage from neighboring construction
- Not understanding easement rights before beginning construction
- Assuming title insurance will cover all construction-related title issues
- Waiting too long to address boundary disputes
A commercial property owner suffered $850K in property damage when a neighboring construction project caused soil subsidence that damaged the foundation. We documented the damage, retained a geotechnical expert, and pursued claims against the neighboring developer and their contractor. Recovered $850K plus remediation costs.
Past results do not guarantee future outcomes. Every case is different.
Frequently Asked Questions
- We handle construction-related real estate disputes from start to finish
- We clear title defects created by mechanics liens
- We pursue and defend property damage claims from construction
- We resolve easement and boundary disputes
- We coordinate real estate and construction claims for comprehensive resolution
Real estate claims have strict recording and filing deadlines.
From boundary disputes to title fraud, California real estate litigation requires immediate action to preserve your rights.
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