Home ownership is the American dream. Unfortunately, legal problems can turn the dream into a nightmare.

Disputes between co-owners of real estate often arise when those sharing ownership disagree over their respective rights and duties with respect to the property. If co-owners cannot resolve such a dispute informally, a partition action may result. A partition action is a lawsuit in which a part owner asks the court to order a property sold and the proceeds distributed. Partition actions tend to be emotionally difficult as well as financially draining because the parties are often ex-friends or business associates, or family members.

Legal battles with neighbors are not uncommon. Disagreements over boundary lines, fences, tree roots and branches and noise can escalate and wind up in court. When they do, no one wins because not only are neighborly relationships irreparably harmed, but legal fees are usually not recoverable in these types of actions.

For people living in condominiums or other common interest developments, fights with homeowner associations also arise with alarming frequency. Sometimes an HOA officer acts in a heavy handed manner or does things the HOA’s governing documents do not authorize. Other times, owners do not pay dues and assessments. In such cases, the emotions involved often overshadow the amount in dispute and cause litigants to spend disproportionate sums of money on legal fees.

Finally, hassles with contractors often occur. Contractors sometimes don’t do the work properly, often don’t stick to the work schedule, and occasionally abandon the job when they’ve been paid most of what they’re due and more than minimal work remains. In any of these situations, homeowners are faced with expensive and difficult legal and practical problems to solve.

If any of these legal issues does arise, the aggrieved property owner must get sound legal advice quickly and take appropriate action immediately. Otherwise, important rights and remedies may be lost.