Common Real Estate Disputes and How to Resolve Them
July 7, 2025
Real estate disputes often stem from conflicting interests, unclear legal language, or overlooked obligations. From title defects to zoning issues, these disputes can stall property transactions or end in costly litigation. Each type of dispute requires careful attention and strategic resolution tailored to local laws and procedures.
At Richard L. Vanderslice, P.C., in Philadelphia, Pennsylvania, we focus on helping clients resolve their real estate concerns efficiently and lawfully. We understand the seriousness of these issues and their potential impact on your financial stability and property rights.
We approach each case with focus and diligence. Whether you’re facing a title dispute or negotiating a co-ownership agreement, we’re ready to help you move forward. With a real estate law attorney guiding you, your position is stronger under Pennsylvania law.
Title Issues and Property Liens
Problems with a property’s title are common in real estate sales and often arise during the closing process. These issues can involve:
Clerical errors in public records
Unknown heirs making ownership claims
Unpaid liens from contractors or municipal fines
Improperly recorded deeds or legal descriptions
In Philadelphia, tangled titles affect thousands of homes, particularly in historically underserved neighborhoods. According to the Philadelphia Department of Records, tangled titles impact properties valued at more than $1.1 billion in total, many of which involve heirs who haven’t legally transferred ownership after the previous owner’s death.
To resolve title disputes, a real estate attorney may file a quiet title action or negotiate the release of liens that cloud ownership. Title insurance can help protect buyers, but many title problems require legal clearance before a transaction can proceed.
Boundary Disputes and Easement Conflicts
Conflicts about where one property ends and another begins often escalate between neighbors. Easement rights—such as shared driveways or utility access—can also trigger disagreements. These disputes often emerge due to outdated or inaccurate surveys.
In these cases, it may be necessary to:
Obtain a new boundary survey
Examine deeds and subdivision plans
Attempt mediation with adjoining landowners
File a quiet title or ejectment action in court
A real estate attorney can assist with interpreting recorded easements, enforcing property boundaries, or negotiating new agreements that respect the rights of both parties.
Zoning and Land Use Disputes
Zoning restrictions in Philadelphia, Pennsylvania, can block a property owner from building an addition, opening a business, or converting residential space to another use. Philadelphia’s Zoning Code is detailed and frequently updated, making it essential for owners to verify the current status of a parcel.
Common zoning disputes include:
Denial of zoning variances
Conflicts between land use and neighborhood character
Setback and height limit violations
Challenges to rezoning applications
If facing such a dispute, it may be necessary to appeal to the Zoning Board of Adjustment or present evidence at a public hearing. Legal representation from a real estate attorney can strengthen your case, especially when arguing for a variance or opposing a zoning change.
Contractual Disagreements in Real Estate Transactions
Real estate contracts carry binding obligations for buyers, sellers, and occasionally brokers. Disputes often arise when one party:
Fails to meet a deadline or contingency
Withdraws from the agreement without legal justification
Misrepresents the property’s condition
Disputes the return of earnest money deposits
Common contractual clauses that trigger disagreements include:
Inspection contingency and repair obligations
Financing contingency clauses
Appraisal and market value benchmarks
Title clearance and closing conditions
To avoid these pitfalls:
Review all contracts with a real estate attorney before signing
Document all communication between parties
Clarify the meaning of ambiguous terms
Seek written amendments when changes are agreed upon
When disputes do occur, a real estate attorney can attempt negotiation, arbitration, or litigation, depending on the severity of the breach and the stakes involved.
Landlord-Tenant Conflicts
In Philadelphia, Pennsylvania, landlord-tenant disputes are governed by both state law and local programs such as the Philadelphia Eviction Diversion Program. This program, launched in response to the COVID-19 pandemic, requires landlords to engage in mediation before filing for eviction.
Typical disputes involve:
Lease violations or nonpayment of rent
Improper handling of security deposits
Landlord’s failure to maintain habitable conditions
Unlawful entry or retaliation
Tenants have legal rights under Pennsylvania’s Landlord and Tenant Act, and landlords must follow proper procedures to initiate eviction or claim damages. Representation from a real estate attorney is useful when either party wishes to enforce or defend those rights.
Environmental Concerns in Real Estate Transactions
Environmental problems, such as soil contamination, asbestos, lead-based paint, and underground storage tanks, can delay or derail real estate transactions. Sellers in Pennsylvania are required to disclose known environmental hazards, and lenders may require environmental site assessments (ESAs) before approving financing.
When environmental issues arise, actions might include:
Phase I and Phase II ESAs
Regulatory compliance with the Pennsylvania Department of Environmental Protection
Cleanup cost negotiations or escrow arrangements
Legal representation helps buyers and sellers meet disclosure obligations, allocate risk, and address potential liabilities that may affect property value or insurability.
Partition Actions and Co-Ownership Disputes
When two or more people share ownership of a property, conflicts may arise about how to use, sell, or manage it. If no agreement can be reached, Pennsylvania law allows for a partition action—either dividing the land physically or ordering a judicial sale.
These actions are common in:
Inherited properties without clear usage plans
Investment properties with estranged co-owners
Domestic partnerships where ownership isn’t otherwise defined
A real estate attorney can petition the court and advocate for a fair division or buyout arrangement.
Real Estate Fraud and Misrepresentation
Real estate fraud can take many forms, including forged deeds, fake listings, identity theft, or seller misrepresentation. Victims may unknowingly purchase a property with hidden liens or structural defects.
To address real estate fraud:
Gather documents and evidence of misrepresentation
File a complaint with law enforcement or consumer protection offices
Initiate a lawsuit for damages or rescission
Attorney Richard L. Vanderslice has handled cases involving fraudulent disclosures and deed irregularities, helping clients recover their losses or clear their title through legal action.
Homeowners Association Disputes
Philadelphia, Pennsylvania, and its surrounding counties have seen a rise in private communities with HOAs. Disputes can arise when property owners disagree with fee increases, enforcement of community rules, or HOA board decisions.
Homeowners may dispute:
Architectural review denials
Fines for minor infractions
Special assessments for repairs
Access to HOA records
Reviewing the HOA’s governing documents, minutes, and correspondence can reveal whether a board has overstepped its authority. A real estate attorney can help enforce member rights or represent owners in arbitration or small claims court.
Real Estate Tax Disputes
Real estate taxes in Philadelphia County and surrounding areas are based on assessments that may not reflect current market conditions. If a property is over-assessed, the owner may appeal to the Board of Revision of Taxes or the county board where the property is located.
Appeals must include:
A recent appraisal or comparable sales data
Proof of over-assessment compared to similar properties
Evidence of declining condition or market shifts
Legal assistance is helpful in meeting strict filing deadlines and presenting persuasive arguments for a reduced tax burden.
Frequently Asked Questions
How long does a quiet title action take in Pennsylvania?
In our experience, quiet title actions typically take between 6 and 12 months, depending on the intricacies of the claim and court scheduling in Philadelphia or surrounding counties.
Can you challenge a zoning denial in Philadelphia?
Yes. Property owners can appeal to the Zoning Board of Adjustment and request a hearing. A real estate attorney can help prepare evidence and represent the owner during the process.
What’s the deadline for filing a property tax appeal?
In Philadelphia, the deadline to appeal an assessment is typically the first Monday in October. Other counties may have different deadlines, so it’s important to check with the local board.
Can co-owners of a home force a sale?
Yes. Any co-owner can file a partition action to either physically divide the property or order a sale. Courts will consider whether a physical division is possible or if selling is more practical.
Reliable Real Estate Attorney
If you’re dealing with a property issue in Philadelphia, Pennsylvania, or nearby Philadelphia County, Montgomery County, or Delaware County, we are ready to help you pursue a resolution that protects your interests. Our attorney offers strategic counsel for buyers, sellers, landlords, tenants, and property owners. Contact us at Richard L. Vanderslice, P.C.