Real State

Gilbert Real State Attorney

Gilbert | Chandler | Mesa | Scottsdale

Real estate law is complex. When faced with a real estate problem, it is critical that you speak with a knowledgeable attorney. The Gilbert real estate lawyers at the law office of Terry J. Fong Law Group are well-versed in real estate law. At our law firm, we represent clients in a broad spectrum of commercial and residential real estate matters, including:

• Adverse possession: If a person occupies and uses your land for a long enough period of time, and you do not take action to stop that person from occupying and using your land, you can lose ownership of your land under Arizona law under the principle of “adverse possession,” sometimes known as “squatter’s rights.” The period of time of the unauthorized occupation and use varies, depending on the nature of the land and its location. We have successfully litigated many adverse possession disputes where people obtain ownership of land by openly occupying and using land without permission. In 2011, Terry J. Fong successfully litigated and obtained legal ownership to five acres of land and a lifetime estate to another 10 acres of land for a client who had occupied and used the land that belonged to an international mining corporation, using the law of adverse possession.
• Judicial partition or sale of jointly owned property: Disputes can arise between joint owners of real estate. When that happens, the parties are at a deadlock and the real estate is tied up because the joint owners cannot agree on what to do with the property. In that situation, Arizona law has a procedure where the court can order that the property be partitioned or split if it is capable of partition; otherwise, the court can order that the property be sold and the net proceeds be split between the parties.
• Boundary disputes: Real estate boundaries are not always clear cut. Surveyors, government entities and property owners can make mistakes, and the use of land can sometimes change boundaries through adverse possession. Boundary disputes need to be resolved quickly; otherwise one of the parties can lose a piece of its land to the other party under the law of adverse possession.
• Easement disputes: Easements granted for utilities, water, oil or gas, or any other amenities provide access to a piece of real estate by granting a legal right of way through another’s real estate. Sometimes a private right of way or the right of ingress and egress over another person’s property can be created informally through custom and usage, or through the principle of a prescriptive easement or by the doctrine of necessity. We have successfully resolved easement and access disputes through settlement negotiations or litigation.
• Foreclosures, short sales and loan modifications: Our foreclosure defense lawyers understand the anxieties that come with the possibility of foreclosure. We explain the process and provide you with options such as a short sale, deed in lieu or loan modification. We will also assess your particular circumstance to see if you will be liable for any deficiency judgment following a foreclosure of your property where the amount of your mortgage loan exceeds the fair market value of your property.
• Landlord-tenant disputes: We handle both commercial and residential leases and represent both landlords and tenants. We also represent clients in eviction proceedings, known as “forcible detainer” actions in Arizona.