Representation in real estate disputes
One of the important areas of practice of lawyers of BRACE Law Firm is the provision of legal representation services in a court in cases in the field of real estate disputes. In our practice, we are face with various types of real estate disputes at different stages of resolution, including pre-trial and trial. Our advantage is the extensive experience in case management in courts, specialized expertise and a well-coordinated team of lawyers.
Features associated with the real estate disputes require an individual approach to each specific case and careful legal analysis.
Real estate disputes
From the point of view of the Civil Code of the Russian Federation, any transaction, including one related to real estate, may lead to a dispute.
Closely related to real estate is a large number of different disputes regarding non-real estate rights. A separate category of disputes is disputed, the subject of which are land. This category includes disputes between business entities, as well as disputes with authorities authorized to dispose of land plots.
Types of Real Estate Disputes
- Real Estate Disputes
- Recognition of title to real estate
- Recognition of contracts for the alienation of real estate as invalid or not concluded
- Cases related to the privatization of real estate
- Disputes arising from rental contracts for residential real estate
- Litigation related to real estate mortgage
- Disputes related to the acquisition of housing through shared construction
- Administrative disputes with municipal and state authorities in the provision of housing for citizens
- Disputes between commercial entities regarding the execution of contracts for the transfer of non-residential premises into ownership/rental
Real Estate Dispute Resolution Procedure
An out-of-court procedure for resolving disputes in the field of real estate usually involves the preparation and submission of claims to persons who violate the rights of property owners. The claim is made in free form. Quite often, this method of resolving a dispute does not lead to an effective result, because due to high real estate prices, even if the opponent’s actions (inaction) are incompatible with the law, the parties do not voluntarily give up their claims.
The judicial procedure for resolving disputes in real estate is a more effective way to protect property rights and to defend one’s interests. Consists in filing a lawsuit in court. It is also necessary to correctly determine the court in which the statement of claim will be filed, as well as be sure to attach all the documents that are the evidence base in the case.
In determining the jurisdiction for real estate, first of all, you should pay attention to the nature of the dispute. In the case of a dispute over real estate between citizens (for example, the division of real estate, inheritance, conflicts with developers under the DDU, etc.), such cases are considered by district courts of general jurisdiction. If the parties to the conflict are legal entities, such cases are subject to arbitration. Moreover, the consideration of cases to the appeal against actions (inaction) of the authority is carried out by the courts of general jurisdiction in the manner prescribed by the CAS of the Russian Federation.
Since real estate litigation can be completely different, you should be fully aware that to effectively protect your rights, you need to choose the most optimal way of protection in each case. It should be noted that the formation of evidence for applying to the court, as well as the conduct of cases in court, is a very complex process, the successful implementation of which largely depends on the qualifications of the representative of the interested party.
The specialists of the BRACE law firm have the necessary knowledge and experience in successfully resolving turnkey disputes with real estate with the provision of a high-quality final result. Moreover, before the start of the trial, we will conduct a comprehensive analysis of legal risks and advise the client to help him make the best decision regarding the construction of a litigation strategy. For this purpose, before choosing a remedy and method of legal protection, we conduct an in-depth analysis of the documents submitted, develop the most appropriate plan of action, and also work out the legal position for the effective settlement of the dispute. After choosing the right remedy and method of legal protection, we act with maximum efforts to achieve the best result.
- Legal analysis of documents and other evidence submitted by a client regarding the real estate disputes
- Advising by lawyers of BRACE Law Firm on the prospects for trial and/or pre-trial settlement of a dispute
- Drafting and submission of a pre-trial claim (if a mandatory pre-trial procedure is provided or the submission of a pre-trial claim is necessary for other reasons)
- Development of a strategy and tactics for protecting a client in a court
- Collection, preparation and retrieval of evidence for a court case
- Preparation and filing of a statement of claim (application) and other procedural documents on a judicial dispute
- Representation of interests, case management in court by lawyers of BRACE Law Firm and performing all other necessary procedural actions
- Coordination in several parallel cases
- Legal assistance in administrative cases
- Preparation and support of the conclusion of settlement agreements concluded at various stages of the trial
- Appeal of judicial acts in courts of appeal, cassation and supervisory court
- Legal support of enforcement proceedings
- Other legal assistance in court cases on real estate disputes