Real Estate

Real Estate Litigation
Easements
Timber Trespass
Land Contracts
Sale/Purchase Transactions

 

REAL ESTATE LITIGATION:

Every piece of real property / real estate is unique under the law.  Your property is very special to you for a good reason – usually more than one good reason.  Unfortunately, property owners sometimes find themselves in situations in which they face the unwanted necessity of having to engage in litigation with a neighbor, a recent seller or buyer of their property, or with a relative or friend with whom they share ownership interests.

Property line disputes, timber trespass, seller fraud and/or misrepresentations, and misleading information from certain certain other entities involved in the real estate transaction process can put you in the uninvited position in which you face daunting monetary damages, costs and/or repairs in order to defend or protect your property rights, enjoy aspects of your property which you were originally promised, and/or put your new property in compliance with local and/or state zoning requirements.

The fiscally prudent way in which to save yourself money, and also emotional turmoil, in these situations is to consult with an experienced real estate attorney before you sell your home or vacant land, or before you purchase a home or vacant land.  If you did not consult an attorney prior to buying or selling a home or vacant land and you find yourself in a situation that may potentially lead to litigation involving property rights or zoning requirements, Seidl Law Offices, LLC, can help you as well.

Seidl Law Offices, LLC, is experienced in both negotiating settlements prior to having to go to court and, if necessary, in litigating real estate disputes and fighting for your rights in circuit court.  Seidl Law Offices, LLC, is available to diligently and zealously represent you with regard to property line disputes, misrepresentations, and local and state zoning defense.  Call Attorney Bryan S. Seidl of Seidl Law Offices, LLC, at (715) 365-9008 now for a FREE consultation and to learn more about how to protect your rights and your property, and save yourself time, MONEY, and emotional turmoil concerning your unique real estate.

EASEMENTS:

An easement is “a liberty, a privilege, or an advantage in lands without profit and distinct from an ownership.”  Grygiel v. Monches Fish & Game Club, Inc., 787 N.W. 2d 6, ¶13, 2010 WI 93 (Wis., 2010).  Put another way, an easement gives a person or group of people the legal right to use a portion of land owned by another person or group – usually for a specific and limited purpose.  There are different types of easements, each of which having its own particular set of standards, guidelines and rules to follow.  There are express easements and implied easements, affirmative easements and negative easements, and easements by prescription.  Easements are also “of two classes: easements appurtenant and easements in gross.”  Id.

By their very nature, and because they involve two or more parties having property interests in the very same property, easements can become the source of confusion, disputes and litigation.  Whether you own real estate that is subject to an easement that is the source of a dispute, or if you are someone who has the “dominant estate” (the person with rights to use the land of another) or the “servient estate” (the person who’s land is subject to an easement), Attorney Bryan S. Seidl has the knowledge and experience to assist you with negotiation of a fair and reasonable settlement or, if necessary, litigation in court.  Call Attorney Bryan S. Seidl at Seidl Law Offices, LLC today for a FREE consultation concerning your real property interests. Call (715) 365-9008.

TIMBER TRESPASS:

Has some other person or entity cut down trees and/or taken soil which were located on your land?  Did you authorize cutting of trees or take down trees yourself which were located on someone elses land due to the lack of, or possible error in, a survey?  The law of the State of Wisconsin does provide for recovery of the damages from a timber trespasser – someone who engages in the unauthorized cutting, removal or transportation of raw forest products – in the form of money to the landowner whose trees were improperly cut and/or taken.  As with all legal issues, the law also provides defenses.

In some instances, the victims of “timber trespass” can recover from the “timber trespasser” double or quadruple the stumpage value OR double the fair market value PLUS certain economic damages resulting from the harvest, PLUS other reasonable and necessary costs, including the following:

  • Costs of the repair of damage to, or cleanup on, the land from which the raw forest products were harvested
  • Costs involved with the removal of slash from agricultural land, waterways, highways, private roads, trails or other sites where the slash would interfere with reforesting or replanting
  • Costs in determining the fair market value, the stumpage value or the volume of the raw forest products that were harvested
  • Costs in determining the location of the property boundaries necessary for determining whether a violation has occurred
  • Costs involved in determining forest management or reforestation plans
  • Costs for reforesting itself
  • Costs for replanting by direct seeding or by use of seedlings

Last but certainly not least, the laws of timber trespass allow the court to award to the successful party in a timber trespass case court costs and reasonable attorney fees from the unsuccessful party if the unsuccessful party unreasonably refused, before commencement of the lawsuit, to pay a reasonable demand for monetary damages or to accept a reasonable offer of payment for monetary damages.

Attorney Bryan S. Seidl of Seidl Law Offices, LLC is knowledgeable and experienced in the law of timber trespass and is ready to help you protect your rights and recoup monetary damages in the event some unauthorized person has cut and/or removed trees and/or soil from your land.  Attorney Seidl is equally ready and able to assist you in defending against unreasonable demands for payment in the event you mistakenly cut or removed trees and/or topsoil from someone else’s land.  If your property has been violated by a “timber trespasser,” or if you have been accused of cutting or taking someone else’s trees without permission, contact Bryan S. Seidl at (715) 365-9008 today for help!

LAND CONTRACTS:

Purchasing or selling real estate in the current real estate market can be challenging.  The decision to purchase or sell real estate is a important decision that can affect you and your loved ones for years to come.  New requirements have forced Banks to tighten their lending practices to an extent that may limit or prohibit you from purchasing that piece of the American Dream.  From a Buyer’s prospective, bank financing may not be available to you for one reason or another.  Sellers may also find themselves in a position in which they have an interested Buyer, but the Buyer may not meet the strict financing requirements that you, as the Seller, may not require.

In that event, there is an alternative to bank or credit union financing: Seller financing in the form of a land contract.  A land contract:

  • allows you to sell or purchase a home or a piece of vacant land without having to satisfy the sometimes strict financing requirements of a bank, credit union or other lender; and
  • allows both the Seller and Buyer the freedom to negotiate and determine the terms (interest rate, amount of time during which the land contract is in effect and the Buyer is paying the Seller monthly installments, etc.) of the agreement under which the property is financed; and
  • allows you to avoid the costs and fees associated with financing the purchase through a bank or credit union

Through the use of a land contract, the Seller – and not a bank – actually “finances” the Buyer’s purchase of the property by essentially agreeing to receive a down payment and then receiving monthly payments PLUS agreed-upon interest for a set number of years; at the end of that number of years, the Buyer must come up with the balance owed or, in certain circumstances, may re-negotiate an extension of the land contract period.  Once the entire purchase price is paid directly to the Seller, the Seller then gives the Buyer a Deed evidencing title to the property.  Both the land contract and, once the property is paid for, the Deed are recorded with the county Register of Deeds office.

If you cannot satisfy the requirements of your bank or credit union, or if a Buyer who is interested in purchasing your property cannot meet such requirements for some reason, you can still purchase or sell real estate.  Attorney Bryan Seidl is an experienced real estate attorney who can assist you in purchasing or selling real estate using a land contract.  Call Attorney Bryan S. Seidl today at (715) 365-9008 for a FREE consultation.

SALE / PURCHASE: 

Selling your home or vacant/hunting land or purchasing a new home or vacant/hunting land is usually an exciting event in people’s lives.  It can also be an event which could very well lead to future legal trouble, attorney’s fees, costs and expenses if you do not understand the pitfalls sometimes associated with such transactions.  Seller and Buyers alike need to be cautious when it comes to selling or purchasing real estate.  Contact Seidl Law Offices, LLC, at (715) 365-9008 now for a FREE consultation and to learn more about how to protect your rights and save yourself time, MONEY, and emotional turmoil in the future concerning the sale or purchase of your home or vacant/hunting land.