Assessing Your Legal Options
Once we have that foundation, we assess the legal and practical options available to you. In some matters, direct negotiation or a carefully drafted letter can resolve the issue before positions harden. In others, structured processes like mediation or arbitration may be appropriate, especially where contracts or CC&Rs call for them. When a dispute is already in court or negotiation has failed, we evaluate whether filing or defending a lawsuit in Sonoma County Superior Court or another appropriate venue is in line with your goals and risk tolerance.
Developing A Strategy That Fits You
Our approach is not one size fits all. Some clients want to preserve a long-term relationship with a neighbor or business partner. Others need to protect a critical development timeline, keep a commercial space open, or clear title so a sale can close. We work with you to weigh potential outcomes, costs, and timelines so that strategy reflects what matters most to you. Throughout the process, we explain legal steps in plain language and keep you informed about developments and decisions that require your input.
Because real estate conflicts often intersect with construction issues, business arrangements, employment questions, or estate plans, our broader practice helps us see the full picture. Our attorneys collaborate across practice areas when needed, which can be especially useful if a dispute involves contractor performance, business entity obligations, or property held in a trust. At every stage, we keep accessibility in view, from offering a free initial consultation to helping you consider options that align with the value at stake.
Common Property Disputes We See In This Area
The mix of older neighborhoods, new subdivisions, vineyard and agricultural land, and commercial developments in and around Santa Rosa creates a wide range of potential conflicts. Although every situation is unique, many disputes fall into familiar categories.
Some of the disputes we frequently handle include:
- Boundary and encroachment issues where fences, retaining walls, driveways, or structures appear to cross a property line or surveys conflict.
- Easement and access disputes involving questions about who may use a road, path, or shared driveway, and how far an easement extends on a parcel.
- View and nuisance conflicts between neighbors when construction or vegetation affects light, privacy, or enjoyment, especially in hillside or higher density areas.
- Commercial and residential lease disagreements about rent obligations, maintenance duties, use restrictions, renewal options, or alleged defaults.
- Purchase and sale disputes over contingencies, disclosures, or performance of a contract, including claims for specific performance.
- Title and co-ownership conflicts involving unclear ownership records, disputes between family members, or requests to partition and sell jointly owned property.
- HOA enforcement and assessment disputes in master-planned communities and condominium projects that rely on detailed CC&Rs.
- Construction-related conflicts between owners and contractors or subcontractors concerning workmanship, delays, change orders, or payment claims.
In each type of dispute, early legal advice can help you avoid missteps, such as altering property, sending aggressive messages, or signing documents that compromise your position. Speaking with our team promptly can give you a clearer understanding of where you stand and what next steps make sense.
What To Do When A Property Dispute Arises
When a dispute surfaces, it is tempting to react quickly. You might feel pressure to respond to a letter, confront a neighbor, or sign something to keep a deal alive. Taking a measured approach instead can protect your position and preserve important options.
Start by gathering information:
- Collect documents such as deeds, title reports, surveys, easement agreements, leases, purchase and sale contracts, CC&Rs, invoices, notices, emails, and text messages related to the dispute.
- Make notes about key dates, conversations, and events so details are not lost over time.
Be careful about what you say and sign:
- Avoid heated confrontations or statements that could be interpreted as admissions or threats.
- Do not sign amended agreements, releases, or new documents without understanding how they affect your rights.
Document the physical situation:
- If safe and appropriate, take photographs or short videos of the property features involved, such as fences, driveways, construction work, or conditions you believe violate an agreement.
- Keep copies of any notices or postings you receive on the property.
Speak with an attorney early:
- Consulting a property dispute lawyer before positions harden can help you understand your rights, potential claims against you, and important deadlines.
- At Smith Dollar, we offer a free, no-obligation consultation so you can discuss your situation with an attorney and get a clearer sense of your options without upfront cost.
Every dispute follows its own path, but taking these steps gives you a more complete picture of what is happening and allows our team to evaluate your matter more efficiently. From there, we can discuss whether quiet negotiation, formal dispute resolution, or court action aligns best with your priorities.
Frequently Asked Questions
Do I Really Need A Property Dispute Attorney For My Situation
In many cases, it is wise to at least speak with an attorney when a property conflict arises. Even if the issue seems minor, documents like deeds, easements, leases, CC&Rs, and contracts can create rights and obligations that are not obvious at first glance. A short consultation can help you understand whether the dispute is likely to affect your ownership, your ability to use or sell the property, or your financial exposure.
At Smith Dollar, we offer a free, no-obligation initial consultation, so you can discuss the facts with an attorney and get a sense of the legal landscape before you commit to a course of action. Sometimes clients learn that the risk is low and that a practical, informal step may be enough. Other times, they discover that early legal intervention may prevent a small problem from becoming a larger and more costly dispute.
What Should I Bring To My First Meeting About A Property Dispute
Bringing organized information to your first meeting helps us assess your situation more quickly and accurately. Useful documents often include your deed, any title reports, surveys, easement agreements, leases, purchase and sale contracts, CC&Rs, correspondence with the other party, notices from an HOA or agency, invoices, and any prior agreements related to the property. If you have photographs, drawings, or notes that illustrate the issue, those can also be helpful.
During the consultation, we will ask questions about how the dispute developed, what has been said or done so far, and what you hope to achieve. Even if you do not have every document available, starting the conversation can still be valuable. We can identify what additional information may be needed and outline initial steps you can take while we review the material you do have.
Talk With Our Team About Your Property Dispute
You do not have to navigate a property or real estate dispute on your own. Whether you are dealing with a boundary concern, a contract issue, or a conflict that is already in court, speaking with an attorney can give you a clearer view of your rights and options. Our property dispute attorney team works to protect what matters most to you, from your home and investment properties to your business operations.
To discuss your property dispute with our team, call (707) 405-7391 today.
