Real Estate Disputes

Real estate law is a complex and nuanced area that encompasses a wide range of issues involving both commercial and residential properties. At DeMent, Askew, Johnson & Marshall, we understand that real estate disputes can quickly become contentious and complicated. Our attorneys are well-equipped to help you navigate these disputes efficiently, mitigating any potential damages.

Types of Real Estate Disputes

Real estate disputes can arise from various circumstances, including new construction, existing homes and buildings, vacant lots, roads, ponds, streams, mineral rights, and easements. Despite the different nature of these issues, they all fall under North Carolina’s real estate laws. Typically, disputes involve actions or inactions that decrease the value of another's property, prompting the affected party to seek damages or compensation.

Common Real Estate Disputes

  • Boundary and Ownership Disputes: Disagreements over property lines and ownership rights.
  • Commercial Lease Disputes: Conflicts between landlords and tenants regarding lease terms, rent payments, and maintenance responsibilities.
  • Easement Disputes: Issues related to the right to use another's property for a specific purpose, such as access roads or utility lines.
  • Partition Disputes: Disputes involving the division of property among multiple owners.
  • Eminent Domain: Cases where the government takes private property for public use, requiring fair compensation for the property owner.
  • Land Disputes: Conflicts related to land use, zoning, and environmental regulations.
  • Commercial Lease Negotiations: Assistance in drafting, reviewing, and negotiating lease agreements.
  • Title Issues: Resolving problems related to property ownership and ensuring clear, marketable titles.
  • Zoning Law and Special Use Permits: Compliance with zoning regulations and obtaining necessary permits for property use.
  • Construction Matters: Addressing disputes related to construction projects, including defects and contract issues.
  • Premises Liability: Legal responsibility of property owners for injuries occurring on their property.
  • Land Use and Site Planning: Ensuring proper use and development of land in accordance with regulations.
  • Breach of Contract or Misrepresentation of Defects: Addressing issues where contract terms are violated or property defects are misrepresented.

At DeMent, Askew, Johnson & Marshall, our attorneys have decades of experience representing a wide range of clients in real estate disputes. These clients include contractors, real estate professionals, homeowners, buyers and sellers, insurance agents, and investors. We are renowned for our expertise and diligent approach to understanding the full scope of North Carolina’s real estate laws.

Our Approach

Our civil litigation attorneys are skilled negotiators dedicated to resolving disputes efficiently. However, we are also experienced litigators who are unafraid to aggressively defend your rights in court. We have a trustworthy network of qualified experts ready to assist in your defense, whether it involves a title search, survey, or appraisal.

Why Choose Us?

With over 40 years of experience, DeMent, Askew, Johnson & Marshall is committed to providing honest advice and ensuring your legal rights are upheld. We offer personalized legal services tailored to each client’s unique needs, whether through negotiation, mediation, or trial advocacy.

If you or a loved one is facing a commercial or residential real estate dispute, the attorneys at DeMent, Askew, Johnson & Marshall are here to help. We understand the urgency of these matters and strive to resolve them as quickly and efficiently as possible. For a confidential case evaluation, contact us at 919-833-5555.

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Real Estate Disputes | NC Corporate Litigation Lawyers



Stroke Victim Resident of a Nursing Home that Was Raped by Co-Resident Receives Large Confidential Settlement

DeMent Askew’s client had suffered a stroke years ago. She could not speak as a result of the stroke, and she was also confined to a wheelchair. However, she was still very sharp mentally. She was residing in a nursing home because of her physical limitations. One day, a new resident appeared in the nursing…

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In a unanimous opinion filed on December 18, 2018, a three-judge Court of Appeals panel affirmed the $6.12 Million Dollar jury verdict Mr. Johnson and associate Chynna Smith won on behalf of their client, a former state firearms examiner, Beth Desmond, in her libel case against the Raleigh News & Observer and reporter Mandy Locke.…

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Part-Time Student and Restaurant Worker Attacked by Two Pit Bulls While Mowing Grass Receives $101,000.00 Settlement After Extensive Litigation Including Separate Lawsuit Regarding Insurance Coverage

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Man Moving from Georgia to West Virginia to be Closer to Family Hit by 18-Wheeler in North Carolina Receives $140,000.00 Settlement After Extensive Litigation

Mr. Johnson’s client was driving a Dodge pick-up truck northeasterly on the on-ramp for traffic exiting off of I-485 and onto I-77 north in Charlotte. He was in the process of moving from Georgia to West Virginia and was pulling a U-Haul trailer. He had a full load in the bed of his truck. One…

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Estate of Elderly Mother of Three That Suffered Through Negligent Care at a Nursing Home Resulting in Death Receives Large Confidential Settlement

The deceased was a resident of a North Carolina nursing home. She had recently been sent to a local hospital for an unrelated illness and was recovering well from this prior illness. During this recovery period, she developed an ulcerous wound in and around her sacrum. The nursing home staff failed to timely detect the…

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Nurse at Local Hospital Involved in Automobile Collision Receives $300,000.00 Settlement After Extensive Litigation

Mr. Johnson’s client was driving north on Capital Blvd., approaching the intersection with Wake Union Church Road. The Defendant was driving south on Capital Blvd in a large SUV owned by a local landscaping company. As our client approached the intersection, the traffic light for her direction of traffic was emitting a steady green light.…

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Long-time Sales Associate at Plumbing and HVAC Supply Company Receives Confidential Settlement as a Result of Medical Malpractice

DeMent Askew Johnson & Marshall’s client was in his yard filling a birdfeeder with birdseed when he fell and twisted his left leg in an awkward position. He immediately heard a crack and saw that his left ankle was turned in an awkward position. His wife called 911. EMS arrived and transported him to a…

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North Carolina Crime Lab Firearms Examiner Wins 9 Million Dollar Verdict in 3 ½ Week Long Libel Jury Trial Against the News and Observer

9 Million Dollar Verdict is Top Verdict in North Carolina for 2016 as Reported by Lawyers Weekly! Attorney: James Johnson, Dement Askew Date of Verdict: October 2016 In 2006, North Carolina expert firearms examiner Beth Desmond was asked to examine some bullet fragments and shell casings from a homicide crime scene. The incident occurred in…

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Single Mother on Her Way to Work Hit by Pick-Up Truck Running a Red Light Receives $122,500.00 Settlement Just Before Trial

DeMent Askew Johnson & Marshall’s client was driving south on Lake Wheeler Road in Raleigh on her way to work. She was approaching the intersection with Centennial Parkway and was intending to travel straight through the intersection. At the same time, the Defendant was driving a large pick-up truck traveling in a northerly direction on…

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