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Real Estate Lawyers

The law firm of Herrig & Vogt, LLP helps homeowners and businesses in complex real
estate transactions.


Protecting Your Property Interests in All Cases

Our experienced real estate lawyers provide critical legal assistance at every stage of the ownership and purchasing process. We provide document preparation for land purchases, commercial property purchases, new construction, sales, leasing and financing. Our diligent legal representation has resulted in the successful negotiation of complex real estate disputes. Contact our experienced real estate lawyers for help with your real estate transaction.

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Types of Real Estate Matters We Handle

Our experienced real estate lawyers handle a variety of real estate issues, such as:


  • Real Estate Acquisitions and Sales
  • Financing
  • Homeowner Associations and Covenants, Conditions and Restrictions
  • Legal Issues Concerning Real Estates
  • Construction Contracts and Design/Build Contracts
  • Commercial Leases and Lease Options
  • Easements and Rights-Of-Way
  • Ownership Entity Formation

Our real estate attorneys provide legal representation at every critical phase of the real estate process. At the inception, we can assist in creating, negotiating or reviewing the contract to buy, lease or sell real property. Additionally, we can provide oversight during the buying process to ensure the terms and conditions of the contract are upheld. We can also conduct title searches and reviews to ensure that you have a clear chain of title. We advise you of any insurance commitments and other obligations so that you are aware of your legal duties. We can effectively help you complete your sale, purchase or negotiation in a seamless manner that is focused on your best interests.


Legal Assistance When You Need It Most


Not all real estate transactions are agreeable. Litigation may arise when the parties are not in agreement regarding their property or contract rights. Herrig & Vogt’s real estate attorneys have yielded many successful outcomes in a wide array of real estate disputes. Our real estate litigation experience includes:

Our real estate litigation experience includes:

  • Resolving breach of contract disputes arising out of the purchase and sale of real property
  • Pursuing damages and contract rescission in cases involving seller non-disclosure and misrepresentation
  • Pursuing damages for construction defects and providing legal representation in construction performance disputes
  • Establishing broker or agent liability
  • Securing property through legal processes such as quiet title and partition
  • Pursuing claims involving the misappropriation of funds, financial mismanagement, and fraud
  • Drafting documents for loans, deeds of trust, and receiverships
  • Recording mechanics’ liens, stop notices, and bond claims
  • Resolving commercial landlord-tenant disputes through mediation, arbitration, and negotiation
  • Pursuing claims based on nuisance, trespass, and environmental hazards'
  • Securing easements and providing legal representation in boundary disputes and adverse possession cases
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Offering Broad Knowledge of Real Estate Issues

The breadth of real estate experience that our talented team of legal professionals shares makes us particularly qualified to represent you in your real estate dispute. We focus on minimizing the costs and time associated with real estate disputes and may suggest resolution through alternative dispute resolution.

However, if ADR remedies do not resolve the issue, we have developed the reputation as aggressive litigators who zealously represent our clients’ interests. We will keep you notified of the progress of your case and explain the legal options that are available to you before moving forward on your behalf. We are committed to structuring your case in a way that meets your goals and objectives, whether you want to quickly settle your dispute or take it to trial.

For help with your real estate dispute, call us at (888) 901-8229 or contact us online for a free case evaluation.

Easements And Boundary Disputes

Easements And Boundary Disputes

Protect Your Boundary Lines

Easements give someone the right to use another person’s land for a limited purpose. However, legal disputes may arise regarding who should have access to the land and under what circumstances. A real estate lawyer at Herrig & Vogt, LLP can help evaluate the circumstances involving your boundary dispute and explain what legal options may be available to you.


Types of Easements

There are several different types of easements. For example, one common easement is a right-of-way easement. This easement allows someone the right to cross over land owned by another person, usually to access a public road. Utility easements allow utility companies the right to access land to install, maintain, repair and upgrade water pipes, sewer pipes and electric lines.

Express easements are another common type of easement. They are specifically created in a deed or other written document that describes the permitted use. The express easement details the scope of the use and the conditions about using it. This easement must be recorded so that future land purchasers are aware of it. A recorded easement remains in place and transfers even after a property is sold.

Prescriptive easements are almost the opposite of express easements in that they do not rely on the granting of permission or understanding by the affected land owner. Instead, they are similar to adverse possession principles in that they arise from continued and unchallenged use of another’s land for one’s own benefit. A prescriptive easement is formed when a person uses the land owned by another in a continuous and open manner for at least five years without the landowner’s consent. In this context, “continuous” denotes use that is as frequent as appropriate under the circumstances. While a prescriptive easement does not transfer the legal title to a property, it does create a right to use another land owner’s property for a specific purpose.

Easements by necessity or implication also may arise without the land owner’s express consent, but they are limited in application under California law.


Legal Principles that Apply to Boundary Disputes

There are several legal principles that may apply to boundary disputes, such as:

The Agreed-Boundary Doctrine

California courts have adopted a principle that when a landowner has accepted a boundary line over time that they may not later object to this line. This legal principle is known as the “agreed-boundary doctrine.” This doctrine allows adjoining property owners to agree to the common boundary of their land when they may not be certain about where the actual boundary lies. However, a land owner cannot unilaterally change the legal boundary lines by simply erecting a fence.

Relative Hardship Doctrine

Another legal doctrine that may apply in boundary dispute cases is the relative hardship doctrine. Under this doctrine, a property owner who innocently makes improvements to land that actually belongs to another person may be permitted to keep the improvements as part of their own property even if these improvements encroached upon an adjoining land owner’s property interest. In these situations, the court can consider whether the improvements significantly outweigh the hardship that the adjoining land owner will experience if the encroaching improvements remained.  

In these cases, California courts apply the “relative hardship doctrine” to fashion appropriate remedies for a trespass by encroachment on another's land. If the court determines that one land owner’s property is encroaching upon the ownership interest of another, it then conducts an equitable balancing test. Based on the results of this test, the court may order an injunction prohibiting the trespass or may award damages. The balancing test considers these three factors:

(1) whether the land owner innocently encroached on the adjoining land owner’s property;

(2) whether the encroaching neighbor would suffer significant financial injury if he or she was forced to remove the encroachment; and

(3) whether the hardship that would be caused by ordering the removal of the encroachment would be disproportionately greater than the hardship on the neighbor that would result if the court allowed the encroachment to remain.   

If the encroachment is extremely difficult or costly to remove and is causing little inconvenience to the adjacent property owner, the balancing test weighs in favor of allowing the encroachment to remain. However, the court may award the adjacent landowner monetary damages for the loss of use of the property due to the encroachment. Additionally, the court may only permit the encroachment while the property owner resides on the property. If the property owner moves or sells the home, the improvements may be ordered removed.


Experienced Legal Help for Your Boundary Dispute

The real estate attorneys from Herrig & Vogt, LLP bring more than a century of legal experience with them to every case. We can help analyze the circumstances involved in your boundary dispute and explain which legal principles may apply. We can use this information to negotiate a fair out-of-court settlement or proceed to court to protect your property interests.

Learn more about our real estate legal services and receive a free case evaluation by contacting us online or by calling us now at (888) 901-7484.

Real Estate Litigation

Real Estate Litigation

Herrig & Vogt’s litigation team has extensive experience with a wide range of real estate disputes.  Our expertise in multiple areas of real estate law makes us uniquely qualified to evaluate real estate issues and develop effective strategies to advance our clients’ interests. Our attorneys have helped clients achieve their goals through negotiation, mediation, arbitration and at trial in state and federal courts.  

Herrig & Vogt has represented owners, contractors, lenders, commercial tenants, and investors in real estate litigation, including complex, multi-party disputes.  We have a deep, nuanced knowledge of the law, gained as advocates for plaintiffs and defendants in litigation.  

We offer quality legal representation to our clients in real estate disputes including:  

  • Purchase and sale litigation, including non-disclosure issues
  • Real estate professionals’ breach of fiduciary duty
  • Contract and lease disputes
  • Construction and design defects
  • Construction contract performance
  • Mechanic’s lien, bond and stop notice claims
  • Real estate finance, foreclosures and receiverships
  • Insurance claims and coverage disputes
  • Land use disputes, zoning and entitlement
  • Inverse condemnation and eminent domain
  • Boundary lines and easement rights

If you have any questions about any real estate matter, do not hesitate to contact our experienced attorneys.



Most home and commercial real property purchases are financed with a down payment and a loan from a bank or other financial institution.  The buyer signs a promissory note payable to the lender, secured by a deed of trust on the property being purchased. The deed of trust gives the lender the right to foreclose on the property to satisfy the debt if the borrower fails to make the required loan payments. The process can take as little as 110 days once a property goes into foreclosure.


Facing the threat of foreclosure can be a nightmare. There are many uncertainties about what your rights are, whether there is anything that can be done to keep your home, and what happens next. The process may be daunting and complicated, but an experienced attorney by your side can ensure that your interests are being served, even in the face of less-than-ideal circumstances.


Our attorneys will assess your individual circumstances and give you an honest evaluation of what your options may be to avoid foreclosure, defend you against foreclosure, negotiate with your creditors, or potentially find alternatives to foreclosure, such as a short sale.


The team at Herrig & Vogt has not only represented homeowners facing foreclosure, but also banks seeking to obtain the money that they are owed once a lender is unable to make their payments. This experience has helped us truly understand the entire process from every angle, and makes us that much better equipped to handle every aspect of a foreclosure for either side.


If you have any questions about any aspect of foreclosure, please do not hesitate to contact our experienced attorneys.

Contract Drafting & Review

Contract Drafting & Review

California requires that an agreement to sell real property or to lease real property for more than a year be in writing and signed by the parties.  Commercial real estate sales contracts and lease agreements can be lengthy and complicated, often containing provisions with important legal consequences that are not always easily understood.  The standard California Residential Purchase Agreement is used in most private sales of single family homes in California, but many buyers and sellers, and even their real estate agents, do not understand the legal significance of every provision contained in the standard form agreement.  

Herrig & Vogt’s attorneys have considerable experience assisting our clients in complex commercial real estate transactions. We have argued the meaning and effect of many specific contractual provisions in state and federal courts, thus our transactional expertise is bolstered by our background in real estate.    We take pride in our ability to advise and assist our clients in negotiating complex real estate transactions, drafting contracts that clearly state the parties’ agreement and intentions, and helping our clients understand the meaning and effect of each provision of the contract under consideration.   

Our real estate attorneys will:

  • Review all documentation related to the purchase, sale or lease of a commercial or residential property
  • Evaluate covenants, liens, easements, and other obligations related to the property
  • Explain the contract, including the rights created and obligations imposed under each provision  
  • Identify areas of concern and assist in negotiating more favorable terms
  • Draft all documents necessary to complete a real estate transaction, including any necessary contract revisions   

We represent both sellers and buyers of commercial and residential properties, and are able to accompany you through the entire process, offering advice and assistance that may be critical to a successful outcome.  We are here to help you understand every significant detail of the transaction – and to advocate for your best interest in all aspects of the real estate transaction.

Please contact our experienced real estate attorneys if you have any questions about a real estate contract, or if you want advice or assistance in any aspect of real estate law.    

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Contact Our Attorneys Today

We offer free case evaluations to potential clients who want to learn more about their legal rights and options in cases and disputes involving construction, real estate, business, family law, personal injury, estate planning, probate, or trust administration matters. Call our lawyers or fill out the contact form below.

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