We help companies and individuals facing disputes or litigation over ownership and use of real property.
Our attorneys have extensive experience resolving disputes that arise when property owners, developers, businesses, and government entities disagree about land use, ownership, boundary lines, access and easement rights, and other property interests.
What Are Real Property Disputes?
Real property disputes encompass litigation over who has what rights to real property. These disputes can involve property owners dealing with neighbor issues, commercial developers navigating complex land acquisitions, partition proceedings among joint owners of property, riparian rights disputes over water access, or property owners facing government takings through eminent domain or condemnation proceedings. Our attorneys handle these matters from initial negotiation through trial and appeal when necessary.
Types of Real Property Disputes We Handle
North Carolina Easement Disputes
Do you have questions about access, utility, drainage, or other rights across your neighbor's property? Are you facing disputes over utility easements, access roads, or recreational use? Are you concerned about beach access or dock access for your property, or people accessing the beach or water through your property? Our attorneys help resolve conflicts involving:
- Access easements and right-of-way disputes
- Utility easement conflicts
- Misuse and overburdening of easements
- Creation of easements by necessity, implication, or prescription
- Easement termination and modification
- Condemnation of easement rights
North Carolina Boundary Line and Encroachment Disputes
Property lines aren't always clear, and disputes can arise when neighbors disagree about where one property ends and another begins. We assist with disagreements related to:
- Surveying disputes
- Fence line issues
- Encroachment issues when structures cross property lines
- Adverse possession claims
- Wrongful timber cutting
- Boundary line adjustments and agreements
- Residential and commercial building encroachments
- Utility line encroachments
- Drainage rights
- Surface water disputes
- Infrastructure projects affecting private property
- Railroad corridor encroachment matters
- Riparian rights disputes
- Dispute resolution through negotiation, purchase, or litigation
North Carolina Trespass and Property Damage
Property owners have the right to exclude others from their land. We help clients address:
- Unauthorized use of private property
- Damage to property from trespass or improper drainage
- Hunting and recreational trespass disputes
- Commercial trespass and business interference
- Injunctive relief to stop ongoing trespass
- "Purple Paint" trespass
- Wrongful timber cutting
North Carolina Partition Actions
When multiple parties (often families) own property together and cannot agree on its use or disposition, partition actions provide a legal solution. Our services include:
- Partition in kind (physical division of property)
- Partition by sale (court-ordered sale with division of proceeds)
- Sale in lieu of partition negotiations
- Recovery of unequal carrying costs such as taxes, insurance, maintenance, and loan payments
- Valuation disputes in partition proceedings
- Trust and estate partition matters
North Carolina Condemnation and Eminent Domain
When government entities or utilities exercise the power of eminent domain, property owners need experienced advocates. We represent both condemning authorities and property owners in:
- Direct condemnation proceedings initiated by government entities
- Inverse condemnation claims when property rights are taken without formal proceedings
- Just compensation determinations
- Permanent utility easement negotiations
- Transportation corridor protection disputes
North Carolina Water Rights and Riparian Disputes
Water rights can be complex and valuable property interests. We handle:
- Riparian rights disputes along waterways
- Water access and use conflicts
- Dock and marina access issues
- Shoreline boundary disputes
- Water quality and pollution claims affecting property rights
Who We Represent
Our diverse client base includes:
Individual Property Owners: Homeowners and landowners facing neighbor disputes, boundary issues, or government takings.
Real Estate Developers: Companies acquiring large tracts of land that need to resolve title issues, easement conflicts, or development restrictions.
Commercial Property Owners: Businesses dealing with access disputes, encroachment issues, or property damage claims.
Government Entities, Railroads, and Utilities: Municipalities, utilities, railroads, and other condemning authorities exercising eminent domain powers.
Homeowners Associations and Community Associations: Planned communities and condominiums facing common area disputes or government takings.
Trust and Estate Clients: Heirs and beneficiaries dealing with inherited property disputes or partition actions.
Our Approach
Team-Based Representation: Our Real Property Disputes attorneys work closely with colleagues in our Real Estate, Construction, Environmental, Zoning and Land Use, and Community Associations practice groups to provide comprehensive solutions.
Early Resolution Focus: We prioritize resolving disputes through negotiation and mediation when possible, avoiding the time, cost, and uncertainty of litigation.
Litigation Experience: When court action is necessary, our attorneys have extensive trial experience in state and federal courts, including complex property disputes involving millions of dollars.
Expert Network: We maintain relationships with qualified appraisers, surveyors, engineers, and other experts essential to proving property disputes.
Representative Experience
Our attorneys have successfully handled numerous complex real property disputes, including:
- Secured $17.5 million for a client in an inverse condemnation action involving a reserved transportation corridor under the former Map Act
- Won summary judgment for a golf course owner against residents' claims of easement rights preventing residential development
- Negotiated favorable resolutions in commercial property encroachment disputes
- Successfully enforced a Boundary Line Agreement in a property owner's favor
- Won summary judgment for a major manufacturer in a dispute with the State of North Carolina over the navigability of and ownership rights to the Yadkin River
- Successfully defended property owners in adverse possession claims
- Representation of a railroad against encroachers within its corridor
- Handled partition actions involving high-value family estates and commercial properties
- Successfully defended a forestry consultant in a wrongful timber cutting action
Note: these representative matters are not intended to indicate or guarantee that any of the same or similar results can be achieved in future matters; the outcome of a matter depends upon many factors. These summaries are intended only to provide general information about the experience of our attorneys.
Why Choose Ward and Smith for Real Estate Litigation?
Experience: Our attorneys have decades of combined experience in real property litigation, with a history of favorable outcomes for clients.
Comprehensive Knowledge: We understand both the transactional and litigation sides of real property law, allowing us to provide practical, business-focused solutions.
Collaborative Approach: Our multidisciplinary team approach ensures clients receive the most qualified attorney for their specific issue.
Client-Focused Service: We work closely with clients to understand their goals and develop strategies that protect their property rights while minimizing costs and risks.
Getting Started
Real property disputes can be complex and fact-intensive, making early legal consultation essential. Whether you're facing a neighbor dispute, dealing with a government taking, or navigating a complex development issue, our attorneys are here to help protect your property rights and interests.
The attorneys in our Real Property Disputes Practice Group have the experience and resources to handle your most challenging real property matters. Contact us today to discuss your situation and learn how we can help resolve your property dispute.
