Pursuing Real Estate Litigation To Protect Our Clients’ Property Rights
The principal of our firm Terry J. Fong has successfully litigated many real estate matters including the following:
- Quiet title actions: Disputes over legal title and ownership to property frequently arise. When this happens, a quiet title lawsuit is necessary to establish someone’s ownership right or to extinguish another person’s ownership claim to the property. The Gilbert, Arizona, law firm of Terry J. Fong Law Group has represented many clients in quiet title litigation to protect its clients’ ownership of property.
- Easement disputes: Disputes sometimes arise over the right to use an easement or right of way over another person’s property. Easements or rights of way can arise in a number of ways – by a formal grant of easement, by implication from custom and usage, by a prescriptive easement or by necessity. Terry J. Fong has successfully litigated easement cases to establish easements and rights of way for his clients.
- Adverse possession: Gaining legal ownership of another’s land by openly using the land without permission is a complex area of real estate law. Arizona law allows a person who has occupied and used another’s land for a long enough period of time to legally own the land under the principle of adverse possession. In 2011, firm founder Terry J. Fong represented a client who had occupied and used land owned by an international mining corporation. He succeeded in obtaining a judgment after trial granting absolute legal ownership to five acres of the land and a lifetime estate to another 10 acres of land for his client from the mining corporation, using the law of adverse possession.
- Judicial partition and sale of real estate: Terry J. Fong has represented many clients who are locked in disputes with co-owners of real estate. In these cases, he has filed lawsuits seeking a judicial partition or sale of the jointly owned property to force a partition or sale of the property so that the joint owners can free themselves of the property and move on.
We will first attempt to negotiate settlement of real estate disputes for our clients. However, if negotiations fail, we will not shy away from the courtroom to assert our clients’ rights. In many cases, achieving the best outcome for our clients involves bench and jury trials, venues where we have achieved significant success.
