Real Estate Issues
Ms. Khirallah provides a diverse range of sophisticated transactional and litigation services to businesses and real estate developers throughout Texas. Her past cases have included disputes arising from:
Mechanics’ and Materialmen’s Liens
Lien claims can be very effective in assisting claimants to collect unpaid compensation. A good knowledge of the applicable lien law is critical to both enforcing and defending against a claim of lien. Knowledge of the lien law starts by understanding the available statutory procedures to identify, preserve, subordinate and waive lien rights.
Adverse possession refers to circumstances under which one may lawfully lay claim to ownership of property not originally one’s own. Legitimate adverse possession claims are rare. Rather than happening as a singular event, they tend to accrue incrementally over the years without notice or fanfare. Classic adverse possession claims include the family that gradually takes over the empty lot next door to their home, or the rancher who has fenced in an adjoining tract and pastured his cattle there for a decade.
Boundary and title disputes at best are very unpleasant and at worst, very hostile. Such disputes can occur from flawed deeds, unmarked boundary lines, unwritten title transfer or from previous owners who did not raise any objection to a property infringement. Easements, when not properly documented or adhered to, can also turn into a contentious issue between the property owner and the business or individual who needs access over the property.
Suit to Quiet Title
A suit to quiet title is often confused with the legal claim trespass to try title. In a suit to quiet title, the claimant seeks to remove a defect in his or her chain of title. For example, this can take the form of an improper deed, improper lien or an adverse possession claim.
It is not unusual for a person to claim some interest or right in a piece of real property. And it is not uncommon for another person to dispute that claim by claiming it is invalid or unenforceable. Such claims range from a claimed ownership interest in all of the property or a part.
Sometimes it is an assertion of a lien or other encumbrance against the property. The disputed claim is said to create a “cloud” on the title. To settle the dispute and clear the title, the circumstances may leave the title holder with few remedies. One remedy is an “action to quiet title,” also known as a suit to remove a cloud from the title.
Trespass to Try Title
A real property owner can bring a trespass to try title case to dispute ownership of property. Requirements for a trespass to try title suit are explained in Texas Rule of Civil Procedure 783. The only issues involved are title and possession. The claimant must rely on the strength of his or her own title and not any weakness of the defendant’s title. The claimant should seek an order that voids any adverse claim to vest clear title in the name of the claimant.
Other Title Disputes
When an unfavorable dispute prevents you from achieving your real estate goals, having a knowledgeable and aggressive attorney can make all the difference. Ms. Khirallah’s dual transactional and litigation skills make her a particularly effective real property lawyer, allowing her to draft agreements that help clients avoid litigation as well as effectively advocate for clients’ interests when litigation is unavoidable. Her experience handling such a wide variety of legal issues has led her to develop a versatility that is uncommon among her colleagues, making her uniquely qualified to represent clients with seemingly disparate situations. If you are experiencing any of the issues described above, or have a similar real estate issue that you feel Ms. Khirallah may be able to help you with, contact her at her office as soon as possible, because many of these issues require assertive and time-sensitive action in order to achieve the best possible outcome.”