PRACTICE AREAS ABOUT US HOMEPAGE CONTACT US TESTIMONIALS MEDIA Call Now 414.645.6100 24/7
If you are involved in a residential or commercial real estate transaction, you should have a lawyer. If an LLC or Corporation is purchasing real estate as the buyer the corporation must be represented by an Attorney. In any event an individual or any other party, should have an attorney to assist in selling or buying the real estate. The Attorney should have experience and knowledge on things to look for in the transaction in order to protect your investment. There are a lot of contingencies and complex concepts that Real Estate Brokers are not able to provide assistance on. In Wisconsin Broken can represent both sides and are really experts in marketing property, but not the legal issues that come up. Although a broker may have certain knowledge, they are not able to provide actual legal advice and counsel by State Law. When a person thinks of real estate they should also consider other concepts. Adverse Possession allows you to claim land that is not used or apparently abandoned by the Owner. If you use land in an open, continuous, excluding, actual, and notorious way with hostility i.e. with the desire to keep others off and a willingness to claim ownership by fighting for it, you may need a lawyer to establish ownership in a legal law suit. You should explore this option of legally obtaining title to property, if you are using property and under the belief that it is yours, until a neighbor or other party comes along and claims to have a deed showing ownership. This dispute may involve a permanent building that was partially built over the actual property boundary line. If this building was there for a long enough period of time, adverse possession may be used as a defense in the event that you are sued over the ownership of the property. I also have had clients on several occasions need easements. In one instance a client was threatened with a law suit for correcting the drainage of a road on a vacant area of land. He had an easement to use the road that was granted in his deed. The land owner threatened to sue him for grading this road. I found case law that stated my client in fact had a legal obligation to maintain the easement. This case was sent to the owner's lawyer and they dropped the case. This work resulted in my client avoiding a lengthy and expensive law suit. If you have been crossing a piece of property or using a road for years and this use is cut off you may need to challenge the land owner and allege that you had an easement by prescription. This is one strategy in a shared driveway dispute or a boundary dispute that you may find yourself in with a neighbor. The State of Wisconsin Supreme Court just decided a case in 2010 called Northrop v. Opperman, 325 Wis. 2d 445, which involved a boundary dispute between two land owners that owned property on either side of a County Road. For years the dividing line was considered to be the road until a survey marker was found from 1911 which showed that one of the parties owned a strip of property on the other side of the road, as the actual boundary wasn't the road. This dispute was fought in Court nearly 100 years ago, and was still the subject of litigation in 2010. The Supreme Court had to do an analysis of boundary disputes, easements, and adverse possession. The Supreme Court concluded that the proper way to establish the boundary line was by the best evidence available, which was to determine the boundary by the doctrine of common usage and acquiescence. This case actually supports the legal notion that if the boundary can't be determined and there was a fence that everyone believed was the boundary for many years, it would be that fence that could remain to be the boundary, despite one of the parties coming up with a new survey or marker. This type of dispute occurs regularly between neighbors. Condemnation Proceedings involve Constitutional Rights to own property. However the government has certain authority to take property for the benefit of society and pay fair value for it. These situations have had many issues litigated and it is very important to have an attorney if you find yourself in such a situation.
Arena Law Offices, LLC Phone: 414.645.6100 1110 N Old World 3rd St, Suite 210, Milwaukee, WI Fax: 414.645.3500 E-Mail: Andrew@ArenaLawOffices.com
PRACTICE AREAS ABOUT US HOMEPAGE CONTACT US TESTIMONIALS MEDIA Call Now 414.645.6100 24/7
If you are involved in a residential or commercial real estate transaction, you should have a lawyer. If an LLC or Corporation is purchasing real estate as the buyer the corporation must be represented by an Attorney. In any event an individual or any other party, should have an attorney to assist in selling or buying the real estate. The Attorney should have experience and knowledge on things to look for in the transaction in order to protect your investment. There are a lot of contingencies and complex concepts that Real Estate Brokers are not able to provide assistance on. In Wisconsin Broken can represent both sides and are really experts in marketing property, but not the legal issues that come up. Although a broker may have certain knowledge, they are not able to provide actual legal advice and counsel by State Law. When a person thinks of real estate they should also consider other concepts. Adverse Possession allows you to claim land that is not used or apparently abandoned by the Owner. If you use land in an open, continuous, excluding, actual, and notorious way with hostility i.e. with the desire to keep others off and a willingness to claim ownership by fighting for it, you may need a lawyer to establish ownership in a legal law suit. You should explore this option of legally obtaining title to property, if you are using property and under the belief that it is yours, until a neighbor or other party comes along and claims to have a deed showing ownership. This dispute may involve a permanent building that was partially built over the actual property boundary line. If this building was there for a long enough period of time, adverse possession may be used as a defense in the event that you are sued over the ownership of the property. I also have had clients on several occasions need easements. In one instance a client was threatened with a law suit for correcting the drainage of a road on a vacant area of land. He had an easement to use the road that was granted in his deed. The land owner threatened to sue him for grading this road. I found case law that stated my client in fact had a legal obligation to maintain the easement. This case was sent to the owner's lawyer and they dropped the case. This work resulted in my client avoiding a lengthy and expensive law suit. If you have been crossing a piece of property or using a road for years and this use is cut off you may need to challenge the land owner and allege that you had an easement by prescription. This is one strategy in a shared driveway dispute or a boundary dispute that you may find yourself in with a neighbor. The State of Wisconsin Supreme Court just decided a case in 2010 called Northrop v. Opperman, 325 Wis. 2d 445, which involved a boundary dispute between two land owners that owned property on either side of a County Road. For years the dividing line was considered to be the road until a survey marker was found from 1911 which showed that one of the parties owned a strip of property on the other side of the road, as the actual boundary wasn't the road. This dispute was fought in Court nearly 100 years ago, and was still the subject of litigation in 2010. The Supreme Court had to do an analysis of boundary disputes, easements, and adverse possession. The Supreme Court concluded that the proper way to establish the boundary line was by the best evidence available, which was to determine the boundary by the doctrine of common usage and acquiescence. This case actually supports the legal notion that if the boundary can't be determined and there was a fence that everyone believed was the boundary for many years, it would be that fence that could remain to be the boundary, despite one of the parties coming up with a new survey or marker. This type of dispute occurs regularly between neighbors. Condemnation Proceedings involve Constitutional Rights to own property. However the government has certain authority to take property for the benefit of society and pay fair value for it. These situations have had many issues litigated and it is very important to have an attorney if you find yourself in such a situation.
Arena Law Offices, LLC Phone: 414.645.6100 1110 N Old World 3rd St, Suite 210, Milwaukee, WI Fax: 414.645.3500 E-Mail: Andrew@ArenaLawOffices.com