Practice area
Real Estate Litigation Attorneys in Texas
- 3 firms listed
- 3 questions answered
Real estate disputes involve title defects, boundary lines, easements, lease defaults, failed closings, earnest money, broker commissions, and misrepresentations. When negotiation fails, litigation may be the only way to clear title, enforce a contract, or recover damages. Texas real estate litigation ranges from neighbor boundary disputes to commercial lease fights and multi-party development conflicts.
Property is often a party’s largest asset, and an unresolved title problem can block a sale or refinancing for years. Texas has specific rules on where these cases are filed, how adverse possession works, and how evictions proceed, and the eviction rules changed on January 1, 2026. Transactions are covered in the guide to commercial real estate attorneys in Texas, and appeals in the guide to appellate attorneys in Texas.
What Real Estate Litigation Attorneys Handle
Title Disputes and Quiet Title
Title problems come from recording errors, forged deeds, missing heirs, unreleased liens, and competing ownership claims. A quiet title action asks the court to remove a cloud on title; a trespass to try title suit resolves which party holds superior title. Attorneys trace the chain of title, identify defects, and litigate to establish clear ownership. Suits to recover real property, remove encumbrances, quiet title, or recover damages to land must be brought in the county where all or part of the property is located (Civil Practice and Remedies Code § 15.011).
Boundary, Easement, and Adverse Possession Disputes
Boundary disputes arise from fences, structures, and landscaping that cross property lines, and easement disputes from access rights and unclear recorded instruments. In Texas, adverse possession means an actual and visible appropriation of real property, commenced and continued under a claim of right that is inconsistent with and hostile to another person’s claim (§ 16.021). The limitations periods depend on the facts: for example, three years for possession under title or color of title (§ 16.024), and five years for a possessor who cultivates, uses, or enjoys the property, pays the taxes, and claims under a registered deed (§ 16.025), with longer periods in other situations. Attorneys work with surveyors and title examiners to establish boundaries and protect or challenge easements.
Commercial Landlord-Tenant Disputes
Commercial lease disputes involve rent, maintenance, common area charges, renewals, tenant improvements, and termination rights. Senate Bill 38 (2025) revised Texas eviction procedure effective January 1, 2026, including a landlord’s sworn motion for summary disposition and a trial setting no earlier than the 10th day and no later than the 21st day after the petition is filed. How the new rules apply to a particular commercial lease should be reviewed with counsel.
Purchase and Sale Disputes
Deals fail over title defects, inspections, financing contingencies, and disclosures. Buyers may seek specific performance to force a closing; sellers may pursue earnest money when buyers default; either side may assert breach of contract or fraud. Attorneys enforce or defend these claims.
How to Choose a Real Estate Litigation Attorney
Property law foundation. Real estate litigation requires knowledge of title, leases, and Texas doctrines such as homestead protection, not only trial skills.
Venue experience. Suits over title, possession, or damage to land are filed in the county where the property sits, while contract and fraud claims may follow general venue rules. Ask about experience in the courts that will hear your case.
Case type match. Lease, title, and purchase disputes differ. Ask about cases like yours.
Trial experience. Attorneys with real trial experience can credibly take a case to verdict, which can strengthen your negotiating position.
Texas Real Estate Litigation Attorneys
Guerra Days Law Group
Location: McAllen and Edinburg, Texas (Rio Grande Valley)
Website: https://www.guerradays.com
Phone: 956-618-3200
Guerra Days Law Group handles real estate litigation throughout South Texas, including quiet title actions, boundary disputes, easement conflicts, and commercial lease matters. The firm has decades of experience resolving clouded titles, adverse possession claims, and complex ownership disputes. Attorneys work with title companies, surveyors, and real estate professionals to achieve clear, enforceable resolutions for property owners facing title uncertainty.
Practice Focus:
- Quiet title actions
- Boundary and easement disputes
- Adverse possession claims
- Title defect resolution
- Real estate fraud litigation
Hopkins Centrich PLLC
Location: Houston, Texas
Website: https://hopkinscentrichlaw.com
Phone: 713-547-8500
Hopkins Centrich represents developers, builders, commercial landlords, tenants, and property owners across the spectrum of real estate disputes. The firm handles commercial lease conflicts, contract disputes, zoning challenges, and construction-related litigation. Attorneys emphasize thorough lease drafting to prevent disputes but stand ready to litigate when conflicts cannot be resolved through negotiation or mediation.
Practice Focus:
- Commercial landlord-tenant disputes
- Real estate contract litigation
- Development and zoning conflicts
- Construction disputes
- Lease negotiation and enforcement
The Pettit Law Firm P.C.
Location: Dallas, Texas
Website: https://www.pettitfirm.com
Phone: 214-329-0151
This Dallas litigation firm handles complex real estate disputes including quiet title actions, adverse possession defense, and multi-party ownership conflicts. The practice has won jury trials defeating decades-long adverse possession claims, voided fraudulent conveyances, and resolved heir property disputes throughout Texas. Attorneys combine thorough investigation with aggressive courtroom advocacy to protect clients’ property rights.
Practice Focus:
- Quiet title actions
- Adverse possession litigation
- Heir property disputes
- Title fraud and forgery claims
- Complex ownership conflicts
Costs and Fees
Real estate litigation is usually billed hourly, and cost depends on the amount of discovery, the number of parties, survey and title expert costs, and whether the case goes to trial. Some attorneys take fraud or other damages claims on contingency or hybrid terms. Ask for a budget by phase and a written fee agreement.
Frequently Asked Questions
What is the difference between a quiet title action and trespass to try title?
A quiet title action is used to remove a specific cloud on title, such as an invalid lien or deed, from property the plaintiff claims. Trespass to try title is the statutory action for determining which of competing claimants holds superior title and the right to possession. Both are filed in the county where the property is located, and they have different pleading and proof requirements.
How long do real estate litigation cases take in Texas?
It depends on the court’s docket, the amount of discovery and expert work, and whether the case settles. Simple disputes resolve faster than contested title or multi-party cases, and an appeal adds time. Evictions now follow faster settings under the 2026 rules.
Can I recover attorney’s fees in a real estate dispute?
Sometimes. Texas generally follows the American Rule, so each side pays its own fees unless a contract or statute provides otherwise. Many leases and purchase contracts include prevailing-party fee clauses. A party that prevails on a contract claim and recovers damages can generally recover fees under Chapter 38 of the Civil Practice and Remedies Code. Fee recovery in title disputes is more limited, and whether a boundary dispute can be decided under the Declaratory Judgments Act (§ 37.004(c)) affects the analysis, so discuss fees with counsel at the start.
Sources
- Texas Civil Practice and Remedies Code: § 15.011, venue for land actions; § 16.021, adverse possession definitions; § 16.024; § 16.025; § 37.004, declaratory judgments; § 38.001, attorney’s fees
- Senate Bill 38 (2025), eviction procedure: enrolled text
Disclaimer: This directory is provided for informational purposes only and does not constitute legal advice, endorsement, or recommendation of any attorney or law firm. Information about attorneys and law firms was compiled from publicly available sources and may not be current or accurate. We make no representations or warranties about the qualifications, experience, or quality of any attorney listed. Always verify attorney credentials with the State Bar of Texas, confirm current contact information, and conduct your own due diligence before hiring legal counsel. No attorney-client relationship is created by use of this directory.