Real Estate Litigation

Real estate disputes are common, complex, and can quickly escalate into costly litigation. Whether you’re dealing with boundary issues, breach of contract, easements, or conflicts with real estate agents and brokers, our attorneys handle all aspects of real estate litigation across Texas. We represent homeowners, buyers, sellers, landlords, tenants, real estate agents, brokers, developers, and investors.

Boundary disputes are frequent in real estate litigation. When property lines aren’t clearly defined, conflicts arise over encroachments, fencing, and land usage. Our attorneys assist clients by evaluating surveys, titles, and historical usage, and we work swiftly toward practical resolutions. If needed, we litigate aggressively to protect our clients’ property rights.

Conflicts involving real estate agents or brokers often involve allegations of breaches of fiduciary duty, nondisclosure, or negligent representation. Our firm routinely handles disputes arising from alleged agent misconduct, representing clients in claims before the Texas Real Estate Commission and in court. Whether defending agents against unfounded claims or pursuing rightful remedies for property buyers or sellers, our attorneys understand both sides of these disputes.

Easements, including utility or access easements, often generate disputes between neighboring landowners. Many property owners encounter unexpected easements affecting the use and value of their land. Our attorneys regularly handle cases involving undisclosed easements, easement interference, and easement misuse. We guide clients clearly through the complexities of easement laws and actively pursue equitable outcomes.

Our attorneys are experienced in landlord-tenant litigation, frequently representing both commercial and residential landlords and tenants. We assist landlords in handling tenant evictions, lockouts, lease breaches, and unpaid rent. Conversely, we represent tenants in cases involving unlawful evictions, withheld security deposits, or landlord breaches of lease terms. Our firm ensures strict adherence to the Texas Property Code, safeguarding client interests through careful compliance and aggressive advocacy when necessary.

Real estate contract disputes commonly involve misunderstandings or disagreements over the terms of sale or purchase agreements. Contractual disputes can halt transactions and result in significant financial losses. We carefully analyze contracts, identify potential issues, and provide strategic legal counsel. If disputes escalate, we vigorously represent our clients through litigation or arbitration to achieve favorable resolutions.

Zoning and land use issues frequently arise, particularly when property owners seek to change land use or zoning designations. Whether pursuing variances, amendments, or exceptions to local ordinances or deed restrictions, our attorneys assist clients in navigating municipal regulations and obtaining necessary approvals. We represent clients in zoning board hearings, administrative proceedings, and court actions aimed at securing optimal land use and property values.

Disputes over oil and gas royalty interests can involve complex title searches and contentious litigation. Property owners often discover potential royalty interests through inheritance, but verifying ownership and entitlement requires meticulous research and strategic legal action. Our firm conducts comprehensive title reviews, confirms property interests, and actively pursues or defends royalty claims.

We also represent property owners and lenders in foreclosure litigation, handling wrongful foreclosure actions, foreclosure defense, and lender liability claims. Our attorneys carefully examine foreclosure proceedings to identify procedural defects or unfair practices, ensuring client rights are protected throughout the process.

Real estate disputes demand decisive action and clear, experienced guidance. Contact our attorneys today to discuss your real estate matter. We’ll evaluate your situation carefully, clearly explain your legal options, and act swiftly to protect your property and financial interests.

Case Law Highlights: Real Estate Litigation

Real estate disputes often hinge on physical use of land, property boundaries, and the language of historical documents, making Texas case law essential for both property owners and litigators. The following cases illustrate how the Texas Supreme Court interprets these high-stakes conflicts.

Tran v. Macha, 213  S.W. 3d  913  (Tex.  2006)

The Texas Supreme Court rejected an adverse‑possession claim to a strip of land that both neighbors had used as a shared driveway. Although the claimants showed long‑term, open, and obvious use, the Court held that adverse possession requires exclusive domination that is inconsistent with and hostile to the true owner’s title; joint or permissive use will not do. Because the Machas’ and the Trans’ reciprocal use of the drive negated exclusivity, the Machas failed to establish actual, visible appropriation as a matter of law.

The Court therefore reversed the court of appeals and rendered a take‑nothing judgment, underscoring that no inference will be indulged in favor of the adverse claimant and that every element must be proven by clear, unequivocal acts. In boundary and driveway disputes, shared or cooperative use will not ripen into title; a claimant must show solitary control that puts the record owner on unmistakable notice.

Marcus Cable Assocs., L.P. v. Krohn, 90 S.W.3d 697 (Tex. 2002)

This Texas Supreme Court decision addressed easement abuse by a utility provider. The Krohns had granted a utility easement to an electric company, but Marcus Cable, a cable TV provider, attempted to use the same easement for unrelated purposes. The Court held that this was impermissible because the easement had not contemplated that additional use.

The ruling clarified that an easement must be interpreted strictly according to its original purpose, and the burden on the servient estate cannot be increased without the landowner’s consent. Marcus Cable is a go-to citation when property owners challenge utility companies or commercial entities attempting to expand easement rights beyond their scope.

For landowners, the case reinforces the value of monitoring who is using easements and for what purpose. For companies, it’s a warning: failure to confirm the scope of easement rights may result in trespass liability, even when the use seems utility-adjacent.