TITLE

Title to real property (ownership) is usually evidenced by a “Deed.”  There are several type of Deeds, including Grant, Quit-Claim and Interspousal Transfer Deeds.  The owner of a Deed to real property is the “Legal Tile Owner.”   If you have a mortgage, you probably signed a “Deed of Trust.” Deeds of Trust do not evidence title to the real property, but act as a security device for payment of a mortgage or other debt, usually involving a Promissory Note (a formal written promise to pay).

CO-OWNER DISPUTES

When two or more people share title to real property, disputes often arise over upkeep, occupancy, payments, sale and other matters.  A lawsuit for “Partition” and sale of the property may be necessary.

TITLE DISPUTES IN GENERAL

Other disputes may arise where there are competing, faulty, unrecorded, fraudulent or forged deeds or oral title agreements.  A lawsuit for “Quiet Title” (i.e. one to determine the rightful owner) may be necessary to resolve disputed title to real property.

SPECIFIC PERFORMANCE

When a seller backs out of a contract to sell real property, the buyer may be able to force the seller to complete the sale in a lawsuit called “Specific Performance.”

CONSTRUCTIVE TRUST

A court may rule that the legal title owner holds title to real property in “Constructive Trust” for the true or equitable owner.  This remedy is often requested in a Quiet Title action where the parties have a pre-existing relationship such as parent and child, trustee and beneficiary, caregiver or other relationship of trust.

ADVERSE POSSESSION

There is a huge amount of misinformation and misunderstandings regarding the concept of “Adverse Possession.”  Briefly, if you “openly and adversely possess” land owned by another for five straight years and pay the real property taxes for those five years, you become the owner of the land.  However, in reality it is not that easy.  Before you can sell or mortgage your new ownership interest, it must be confirmed in a Quiet Title court action.  The tough part is determining what qualifies as “possessing” land “openly and adversely.”

RENTAL AGREEMENTS AND LEASES

Month-to-month rental agreements and long term leases should always be in writing.  In fact, the law requires that leases longer than one year must be in writing to be enforceable (although like most things in law, there are some exceptions).  Mr. Lashlee reviews and advises clients regarding existing rental agreements and leases, prepares new leases and represents clients in lawsuits relating to rented and leased property.  For eviction of tenants, please see the “Landlord and Tenant” section.

   EASEMENTS

An easement is the right to use (not own) part of the land of another.  An easement may be for a driveway, walkway, power line or many other things. Mr. Lashlee reviews and advises clients regarding easements, negotiates and prepares easement agreements and Deeds and represents clients in lawsuits relating to easements.

 NEIGHBOR DISPUTES

Neighbor disputes come in all varieties, including boundary line issues, invasive tree roots, overgrown yards, easement issues, encroachment of walls and buildings, noise, you name it.  Neighbor disputes should be avoided whenever possible as they may escalate into a feud and even violence.  Negotiation and resolution of neighbor disputes before they reach the level of feud is extremely important.  While lawsuits are sometimes necessary, the result may be unsatisfactory, because of the emotions involved and the close proximity of the parties.  If the dispute is allowed to fester, the only remedy may be to move away.

   ATTORNEY   

        FEES

As always, consultation by telephone, e-mail or in the office is free.  “Transactional” services such as preparation of Deeds, Leases and other writings may be quoted as a flat fee or by the hour depending of the particular work to be done.

Lawsuits are usually handled on an hourly basis, although a “contingency” fee or flat fee may be negotiated in some situations.

Hourly Fees: For most lawsuits, Mr. Lashlee’s fee is $275 per hour with a minimum advance payment of $2,500 due upon on signing of the retainer agreement.  The advance payment may be higher depending on the nature of the case.

Contingency Fees:  In a few cases, Mr. Lashlee may agree to a contingency fee.  The usual contingency fee is 1/3^rd of the eventual recovery with a non-refundable advance fee of $1,000 or more depending of the nature of the lawsuit.   Contingency fees are not set by law and may be negotiated.

Fees may change, and they may be higher for some legal matters.  For the current fee for your matter, please call the office and ask to speak to Mr. Lashlee.

       COSTS

In all lawsuits there will be “costs” in addition to attorney fees.  Costs include court filing fees, service of process, delivery fees, fees for obtaining documents, expert witness fees, jury fees, court reporter fees, etc.  Depending on the matter, transactional services may also involve certain costs.  Regardless of the fee agreement, the client is always responsible for payment of all costs in addition to attorney fees and must advance costs to the attorney promptly when requested.