Common Real Estate Disputes & How to Resolve Them 

Most Common Real Estate Disputes 

Title Issues 

One of the more common real estate disputes involves problems with the title to the property.  A property title represents the legal right of ownership to that property. Issues with the title to a property can delay sales, prevent financing, or even lead to a lawsuit if not handled properly. Disputes include: 

• Ownership conflicts due to unclear inheritance, recording errors, or fraudulent deeds. 
• Liens from unpaid taxes, mortgages, or contractor bills, which can transfer to unsuspecting buyers. 
• Adverse possession (acquisitive prescription) unique to Louisiana, where long-term occupancy can create ownership rights after 10–30 years. 

An example of a title issue involves ownership conflicts, when one or more parties claim ownership to the same property.  This scenario often arises when there are unclear inheritance rights (like if an heir was left out of the estate), mistakes in prior transfers (such as an incorrect property description in the public record), or fraudulent deeds (forging and filing a fake deed).  Other ownership conflicts can arise regarding use of the property, the duty to maintain the property, and sale of the property. 

Another example of a title issue is when there is an unresolved lien on the property.  A lien is a legal claim against the property, usually for unpaid debts.  Common liens include taxes, mortgages, or contractor bills.  If a seller fails to disclose an unresolved lien, and/or a lien is not paid prior to the completion of a sale, the buyer may inherit the debt and/or be subject to foreclosure.  

A third example of a title dispute involves adverse possession, which in Louisiana is called “acquisitive prescription.”  Acquisitive prescription occurs when someone occupies or uses someone else’s property without permission.  Depending on the type of acquisitive prescription, the person would need to occupy or use the property for either ten or thirty years to establish a right to the property.  Nevertheless, this type of dispute is law and fact intensive, requiring a heightened legal expertise and investigative skill to successfully win or defeat the claim. 

Title issues tend to be very complex legally, so having a skilled title dispute attorney is essential to helping protect one’s property rights.  Ricci Partners has extensive experience and expertise in resolving Louisiana title disputes for their clients. 

Boundary Disputes  

Another common real estate conflict involves boundary disputes. Boundary disputes arise when neighboring property owners disagree about the exact location of their property lines. Examples include: 

• Misplaced fences or landscaping encroaching on a neighbor’s property. 
• Easement or right-of-way conflicts (e.g., driveways, utility access). 
• Disputes unique to Louisiana marshland or submerged lands. 

Skilled lawyers often work with surveyors to resolve disputes. Boundary disputes often present when the legal description in the title deed, subdivision map, or survey does not match with how the land is being used.   

A boundary dispute can result in a reduction in property value, delay of sale, or even a lawsuit.  Since property line disputes often involve both legal documents (such as deeds, surveys, and plats) as well as physical land use, resolving them almost always requires professional help. A skilled Louisiana boundary dispute lawyer’s expertise in property law will analyze deeds, surveys, and other relevant documents, often in conjunction with a professional surveyor, to determine the accurate boundary lines so the dispute can be resolved amicably, or through litigation if necessary.    

Breach of Real Estate Contract 

Real estate contracts are legally binding agreements that set out the rights and duties of buyers and sellers. Disputes arise when a party to the contract fails to uphold their end of the contract. Disputes may involve: 

• Failed closings due to missed deadlines, buyer walkaways, or seller refusals. 
• Financing disputes, often tied to purchase agreements contingent on good-faith loan efforts. 
• Seller breaches, such as failing to disclose defects or complete agreed repairs. 
• Buyer breaches, such as missing payment deadlines or failing to deposit earnest money. 

Why it matters: Breach of contract can result in major financial losses. Louisiana’s unique laws make experienced contract dispute lawyers essential. 

Landlord–Tenant Conflicts 

Lease agreements create legal obligations for both landlords and tenants. Common issues include: 

• Landlord violations: entering without notice, failing to provide repairs, or violating habitability standards. 
• Tenant violations: unpaid rent, unauthorized occupants or pets, illegal use of the property. 

In Louisiana, the law often favors landlords but requires strict compliance with notice and eviction procedures. Mishandled disputes can lead to lawsuits or penalties.  

Construction-Related Disputes 

Real estate disputes often arise during or after construction projects.  Construction projects can be complicated, involving contracts, deadlines, hefty financial commitments, and multiple moving parts and players.  Frequent disputes include: 

• Defects (poor workmanship, use of substandard materials). Louisiana has specific laws regarding construction defects for example, the New Home Warranty Act. 
• Delays (weather, labor shortages, permitting problems). 
• Liens for unpaid contractor or subcontractor work.    

Construction-related disputes often involve very technical issues, with many contracts and parties intertwined.  These types of disputes can be high stakes, causing projects to derail and add unexpected expenses, which then may negatively affect business relationships.  Because construction-related disputes are so complex, involving contract interpretation and state-specific laws, almost always they will require legal representation to resolve. Engaging an experienced Louisiana construction law attorney is vital when a construction-related issue arises.