Fayetteville Property Lawyers Help Clients Resolve Land Disputes
Experienced Arkansas attorneys protect your property rights
The purchase of real estate is a significant investment in a unique asset. Whether your property is commercial or residential, you want to fully enjoy the benefits of having purchased that land. When a dispute involving your property arises, such as a title defect or a boundary dispute, that investment is at risk. At Gramling Estes Law Firm in Fayetteville, our Arkansas property lawyers understand what’s at stake for you in a land dispute. We draw on decades of experience to investigate the circumstances and present legal strategies that will help you assert your property rights and protect your interests effectively. We are an established law firm with a long track record of success, and we work tirelessly to achieve favorable outcomes for our clients in a broad array of land disputes.
Firm works to find favorable solutions to in real estate conflicts
Legal disputes over property can be very contentious regardless of whether two neighbors are fighting over a boundary line or two corporations are seeking access the same natural resources. Spotty chains of title, inaccurate surveys, and outright fraud often create doubts about an owner’s true rights. Our property attorneys have extensive experience in many such matters, including disputes related to:
- Breaches of land sale contracts
- Negligent property inspections
- Mineral and water rights
- Land use
- Eminent domain
- Boundary and property lines
- Title defects
- Seller or broker misrepresentation
- Non-disclosure of pertinent facts
- Spite fences
We thoroughly investigate your case, poring over documentation related to the property. From there, our attorneys advise how the law applies to the facts in your situation and recommend a course of action to maximize the likelihood of a successful result.
Experienced litigators advise on adverse possession claims
Under Arkansas law, the rightful owner of a piece of land can lose property outright to a trespasser. Adverse possession is a centuries-old legal concept harkening back to days when a premium was placed on developing land and making it productive. Traditionally, adverse possession dealt with abandoned land that a trespasser happened upon and put labor into rehabilitating. Out of fairness to the industrious trespasser, and as a warning to idle property owners, courts allowed the trespasser to gain lawful possession of the parcel after a given period of time.
In Arkansas, the legality of adverse possession depends on the nature of a trespasser's possession and the length of time that person controls the land. The trespasser's possession must be:
- Hostile — The trespasser’s presence on the land must be without permission and contrary to the right of the true owner
- Actual — The trespasser must exercise control over the property.
- Exclusive — Only the trespasser must have possession of the land.
- Open and notorious — The trespasser’s use of the property would be obvious to the true owner and put them on that the trespasser is seeking possession of the land.
- Continuous — Possession must fulfill the statutory period of seven years.
- Based on "color of title" — The trespasser must have a document, such as a deed or will, purporting to grant them ownership of the property. The document may be defective.
Finally, the trespasser must pay property taxes in full during the years of possession. If all of these conditions are met, the trespasser can claim legal title to the property. Gaining title through adverse possession is rare today, but exceptional cases do occur. If you are making a claim under adverse possession law, or disputing such a claim by a trespasser, our property attorneys are prepared to help.
Contact a knowledgeable Arkansas property lawyer for a free consultation
The property attorneys at Gramling Estes Law Firm help clients in northwestern Arkansas with a wide variety of land disputes. To schedule a free initial consultation, please call 479-480-4250 or contact us online. Our office is conveniently located at One East Center in Fayetteville.