Real Estate Dispute Resolution

Dispute Resolution in the Real Estate Field

The firm specializes in representing clients in complex real estate matters. We accompany our clients through all stages of the dispute – from settlement attempts through dialogue and mediation, through arbitration proceedings, and up to court appearances.

Areas of Expertise

The firm represents in legal proceedings focused on clarification, determination, and enforcement of proprietary rights in real estate:

Property Rights and Land Registration

Declaratory relief claims – Determination of ownership rights, lease, easement, and additional rights in real estate.

Rights registration – Managing bureaucratic procedures for registering rights, removing caveats, liens, and third-party rights.

Partition of co-owned property – Claims for partition in kind or sale to the highest bidder.

Financial claims – Compensation for harm to proprietary rights, contractual rights, rental payments, reasonable use fees, and more.

Condominium Law

Handling complex disputes between apartment owners, building committees, and representatives:

Disputes regarding use of common property: Such as unauthorized use, blocking, or damage to common property (for example, stairwell, roof).

Violations of the agreed bylaws: Actions taken contrary to what is agreed in the building’s bylaws.

Participation in common expenses: Refusal to pay or disputes regarding charges.

Disputes relating to modifications or expansions: For example, TAMA 38 matters or apartment expansions.

Harassment, nuisance to an individual, or property damage: According to Section 44 of the Torts Ordinance.

Trespass: In case of intrusion into another part of the condominium or into common property.

Rental – Commercial and Residential

Representing tenants and landlords in disputes arising from rental relationships:

Eviction claim – Tenants who breached the contract and refuse to vacate the property, or property owners seeking to evict a tenant contrary to legal provisions – managing litigation and execution proceedings in accordance with the Rental and Loan Law.

Contract enforcement – Financial claims for debts or damages, forfeiture of guarantees and security notes.

Brokerage Law

Representing brokers and clients in disputes relating to entitlement to brokerage fees and enforcement of brokerage agreements:

Fee demand: Representing property owners and brokers in claims for commission payment in transactions in which they were involved.

Disputes over commission division: Conflicts between brokers over fee division in joint transactions.

Claims for breach of broker’s duties: Claims against brokers for breach of professional duties, including duty of proper disclosure.

Filing a complaint with the Registrar of Brokers: Assistance in filing a complaint against a broker for breach of duties.

Trespassing on Land and Building on Others’ Property

Claim for removal (eviction of trespasser): Claims by a landowner to evict illegal trespassers. In certain cases, a landowner whose property has been occupied by a fresh trespasser (up to 30 days from the intrusion) is entitled to use reasonable force to remove the trespasser himself, without filing a lawsuit, subject to limitations set by law. In any other case, judicial intervention is required.

Claim for demolition order: In cases where the trespasser built a structure or established plantings on the land, filing claims for demolition orders and restoration of the previous situation.

Financial claim for reasonable use fees: Claims for payment for the use made of the land unlawfully.

Claim for damages: It is possible to claim compensation for any damage caused to the land as a result of the intrusion or construction, including non-direct financial damages such as mental anguish or decrease in property value.

Our Approach

The firm operates with a pragmatic approach alongside business understanding of the client’s needs. We strive to achieve the optimal result for our clients, while efficiently using the time and budget resources available to them. At every stage, we consider the advantages and disadvantages of continuing litigation versus alternative settlement options, and offer the client a clear and objective picture for making informed decisions.