Real Estate Litigation

Practice Areas

A Team You Can Trust!

Favour & Wilhelmsen, PLLC has been an integral part of the Prescott area legal community for over 45 years. You can expect exceptional legal representation from the initial consultation through the resolution of every matter.

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Real Estate Litigation in Prescott & Northern Arizona

Real estate isn’t always smooth — disputes, contract breaches, title defects, and boundary issues can lead to costly legal battles. At Favour & Wilhelmsen, PLLC, attorney David K. Wilhelmsen brings over four decades of litigation experience to real estate conflicts in Prescott, Yavapai County, and Northern Arizona. Whether you’re a homeowner, landlord, developer, or business, he works to protect your property interests and resolve disputes efficiently.

Arizona Real Estate Litigation at a Glance

Real estate disputes in Arizona often arise under Title 12 of the Arizona Revised Statutes, covering civil procedure and property rights. Depending on the issue, claims may involve A.R.S. § 12-1101 (quiet title), § 12-548 (contract enforcement), or Title 33 (property and conveyance law).

Arizona courts also require compliance with local procedural rules for disclosure and mediation — something attorney David K. Wilhelmsen, with decades of local practice, knows inside and out.

Did You Know?

Many Arizona real estate contracts require attorney’s fees to be awarded to the prevailing party in litigation. That means resolving your case successfully could also help recover your legal costs.

Types of Real Estate Litigation We Handle

We regularly represent clients in matters including (but not limited to):
  • Boundary & property line disputes
  • Breach of real estate contract or purchase agreement claims
  • Title disputes / Quiet title actions
  • Easement & access litigation
  • Disputes over restrictive covenants / deed restrictions
  • Landlord-tenant and commercial lease litigation
  • Title insurance claim litigation

Common Case Types

Type of Dispute Typical Issue Possible Remedy
Boundary or Easement Encroachment or blocked access Quiet title or injunction
Contract Breach Buyer/seller fails to perform Specific performance or damages
Title Defect Competing ownership claim Judicial clarification

What to Expect in a Real Estate Lawsuit

  • Case Review: We analyze contracts, title records, surveys, and correspondence to understand your position.
  • Pre-Litigation Resolution: When possible, we pursue settlement or mediation first.
  • Filing the Complaint: If negotiation fails, we file the appropriate complaint in the proper Arizona Superior Court.
  • Discovery: Both sides exchange documents and take depositions.
  • Resolution: Most cases settle before trial, but we’re fully prepared to advocate in court when necessary.

When to Contact a Real Estate Litigation Attorney

  • A neighbor builds over your boundary or blocks access.
  • A buyer or seller refuses to close escrow.
  • Title, deed, or lien disputes delay your sale.
  • Mediation or negotiation has failed to resolve the issue.

How We Approach Real Estate Disputes

At Favour & Wilhelmsen, PLLC, we take a strategic, solution-oriented approach to real estate disputes. Every case begins with a thorough evaluation of the facts, documents, and underlying relationships involved. Attorney David K. Wilhelmsen carefully analyzes contracts, title records, and correspondence to identify the core legal and practical issues at play. He works to develop a clear, effective path forward whether negotiation, mediation, or litigation. The goal is always to protect your property interests, minimize risk, and achieve a resolution that aligns with both your immediate needs and long-term objectives.

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Thorough Case Evaluation

We analyze your deed history, title records, survey maps, and all documentary evidence to assess strengths and risks.

Strategic Pre-Litigation Solutions

Many disputes can be resolved by demand letters, mediation, or negotiation — we seek the most effective path.

Aggressive Litigation When Needed

If the other side won’t budge, we’re courtroom-ready — filing motions, preparing discovery, and advocating fiercely at trial.

Local Court Experience

Mr. Wilhelmsen’s familiarity with Prescott and Yavapai County courts gives you an edge in procedural strategy, local rules, and judge preferences.

Client-Focused Communication

We keep you informed, explain legal options clearly, and provide realistic assessments to guide your decisions.

Common Challenges People Face

Many clients come to us after experiencing:
  • A neighbor encroaching on their land or disputing boundary lines.
  • The buyer or seller refusing to close or claiming contract defects.
  • Title clouds, liens, or unresolved claims that block property transfer.
  • Conflicting or vague easement rights that interfere with use or access.
These disputes often escalate quickly — delaying resolution can mean mounting legal fees or irreversible damage.

Myth-Busting: Real Estate Litigation Misconceptions

“We can settle everything amicably — no need for an attorney.”

Sometimes that’s true — but without solid legal leverage, you may settle for less than your rights deserve.

“If paperwork says we own it, no one can challenge it.”

Even valid deeds can be challenged due to fraud, ambiguous descriptions, encroachments, or adverse possession claims.

“Litigation takes years in Arizona — we’re better off ignoring it.”

Many disputes in real estate can be resolved more quickly if handled early and aggressively.

“The costs will be so high I’ll lose more than I gain.”

Strategic litigation — focused on clear, strong claims — often yields better outcomes than prolonged uncertainty or concession.

“If it’s a small property line issue, I don’t need a lawyer.”

Even minor encroachments can grow into major title or resale problems. Early legal advice saves time and money.

How David K. Wilhelmsen Can Help

With over four decades of legal experience in Arizona, David K. Wilhelmsen provides both the strategic skill and practical insight needed to navigate complex real estate disputes. Every case receives his direct attention and personalized approach.

Comprehensive Case Assessment

Mr. Wilhelmsen reviews your contracts, deeds, correspondence, surveys, and title history to identify key issues and the best legal strategy.

Negotiation & Mediation First

When possible, he seeks to resolve disputes efficiently through structured negotiation or mediation — saving you time and expense.

Courtroom-Ready Representation

When litigation is necessary, Mr. Wilhelmsen is prepared to advocate for your rights in Yavapai County and throughout Northern Arizona’s superior courts.

Experience with Complex Property Law

From boundary encroachments to easement interpretation and title defects, Mr. Wilhelmsen’s background as a Certified Real Estate Specialist gives him a depth of knowledge that few attorneys can match.

Practical, Results-Focused Guidance

You’ll always understand your options, risks, and potential outcomes, empowering you to make informed decisions at every stage of the process.

FAQ: Real Estate Litigation in Arizona

A quiet title action is a lawsuit to clear competing claims or clouds on property title so ownership is legally confirmed.

It depends on the claim. For example, breach of contract claims are generally subject to a 6-year statute of limitations in Arizona (A.R.S. § 12-548). Other claims may have different timelines.

Possibly — under some contracts, statutes, or court rules, the prevailing party may recover fees, especially if contract language permits it.

Yes, a survey is often essential evidence to define true property lines and support your claim.

As soon as possible. Early involvement allows preservation of evidence, demands, notices, and better negotiation leverage.

Discovery may include document exchange, depositions, expert appraisals, survey data, and written interrogatories to clarify both sides’ positions.

Advanced Certification

David K. Wilhelmsen received his certification as a Real Estate Law Specialist from the Arizona Board of Legal Specialization of the Arizona State Bar in 1991 for demonstrating advanced knowledge, skill and understanding in the practice of real estate law.

Experience

We have over 45 years of practice experience in most areas of Real Estate, Estate Planning and Probate, and Small Business law.

Local Practice

Established in 1947, David K. Wilhelmsen joined the firm in 1981 and has practiced continuously since then in the Prescott and surrounding communities.

High Martindale-Hubbell Rating

We hold AV Preeminent® rating by Martindale-Hubbell, which is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers.

Responsible Solutions

We provide trusted and straight forward legal solutions to most matters you may encounter.

Benefits

Why Choose Us?

Employing Favour & Wilhelmsen, PLLC will ensure that your rights are protected, your obligations are clearly understood, and your interests are strategically represented. Whether navigating a complex transaction, resolving a dispute, or mitigating legal risk, we provide the knowledge and advocacy needed to avoid costly mistakes and strive to achieve favorable outcomes.

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Protect Your Property. Resolve Your Dispute.

Real estate disputes require skill, precision, and local insight. With over 40 years of courtroom experience in Prescott and Yavapai County, David K. Wilhelmsen provides practical, effective advocacy to safeguard your property interests. Schedule a consultation today and put experience on your side.

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