Dallas Real Estate Attorneys
Aggressive Litigation Services in Texas
Real estate transactions can be rife with complications and disputes that
require litigation to resolve. When you are looking to facilitate a transaction,
you may encounter clouded titles, contractor negligence, breaches of warranty,
and more. Hiring a professional and capable law firm can help you overcome
these obstacles and protect your interests.
The Dallas real estate attorneys at Roquemore Skierski PLLC have
over two decades of experience and can assist you with all types of conflicts. We can leverage our litigation
acumen and extensive resources to deliverable a swift and favorable resolution
in your case.
Our firm can be reached 24/7 and is ready to assist you with your real
Contact us online or call
(972) 564-8860 to discuss your situation today.
Title Clouds and Curative Work
All parties involved in a real estate deal want the transaction to be completed
as smoothly and quickly as possible. Discovering clouds on a title can
jeopardize a clean transfer of property.
A “cloud” on a title is any legal claim, lien, or document
that muddies the waters of a property’s title record. A “clean title” has no encumbrances, meaning there is no
dispute over who maintains legal ownership of the property or has the
right to collect on its value. The presence of any cloud reduces the value
of the affected property and, depending on the severity of the circumstances,
can even result in a deal falling apart.
Our firm can assist you with curative work, which “cures” defects
in a property’s title records. This process can resolve title clouds and protect the interests of all
parties in a real estate transaction. In some situations, curative work
can be relatively straightforward and involve fixing ambiguities and omissions.
In other cases, litigation may be required.
Our real estate attorneys in Dallas can assist you with addressing numerous
types of title clouds, including:
Adverse Possession. In the state of Texas, an individual that inadvertently trespasses on a
portion of someone else’s property can eventually claim legal ownership
of the property through “adverse possession.” If the trespasser
has an inaccurate deed
and pays taxes on the impacted area, they can claim ownership after 5 years
of continuous possession. Without these elements, a trespasser can still
claim property after 10 years of continuous possession. Adverse possession
can threaten the actual landowner’s ability to efficiently sell
or transfer their property. These types of claims typically will need
to be litigated in court, and our firm can represent you in these matters.
Mechanics or Construction Liens. Contractors and construction firms can place liens on a property if the
owner fails to pay them for work completed. These liens encumber the property
and give the impacted parties a legal claim to seek unpaid compensation
in the event of a sale. In other words, a construction firm may demand
they be paid before a transfer of property is completed. The presence
of these liens can dramatically reduce a property’s value and threaten
a smooth transaction. We can assist you with addressing, enforcing, and
resolving these liens.
Encroachments or Easements. Easements refer to scenarios where a property owner gives a non-property
owner written permission to use some element of their land for some specific
purpose. Because easements are documented, they can cloud a title, as
they often remain valid when the property is transferred. Encroachments
are non-authorized uses of someone else’s land, and depending on
the situation, continuous use can eventually result in adverse possession.
Our firm can assist you with navigating easements in real estate transactions
and can explore litigation and other legal remedies when faced with encroachments.
Boundary Disputes. Inaccurate deeds can result in protracted boundary disputes between adjacent
neighbors. Efficiently resolving these disputes is important, as unauthorized
use of another party’s land can represent an encroachment that can
eventually become a matter of adverse possession. Any property with a
boundary dispute will also be more difficult to sell or transfer. We can
assist you with litigating all types of boundary disputes.
Unreleased Deeds of Trust. Even if a property owner has paid off all loans associated with a Deed
of Trust, a municipality’s records office may not immediately release
the corresponding lien. This constates a cloud and can jeopardize a clean
real estate transaction, so it is important that a Deed of Trust be released
before proceeding. We can assist with quickly resolving these types of
When you are ready to close a real estate deal, you will engage with a
title company that works to confirm the property has a clean title and
can be safely transferred to you, the buyer. It is the title company’s responsibility to identify any clouds.
While Texas does not require real estate purchasers or borrowers to purchase
title insurance, many lenders and sellers will require a policy as a term
of the transaction. Title insurance backs up the title company’s
verification efforts and offers financial protection if a third party
later appears and claims they have some legal stake in the property. Our
firm can assist title companies with liabilities issues that can arise
in these scenarios.
Contact our Dallas real estate attorneys
online or at
(972) 564-8860 for a free case evaluation today.