Real Estate Litigation

Santa Cruz Real Estate Disputes - Protecting Your Property & Rights

Real estate is often your most valuable asset. When disputes arise-whether it's a failed property sale, a boundary fight with a neighbor, or a lease disagreement-you need a Santa Cruz real estate attorney who understands both the law and the local landscape.


James C. Eschen has represented property owners, buyers, sellers, and landlords across Santa Cruz County and the Monterey Bay Area for decades. From Scotts Valley to Capitola, we provide strategic legal solutions to protect your property rights and resolve disputes efficiently

We represent clients in a wide range of property-related disputes, including:

Purchase & Sale Disputes →

Failed transactions, nondisclosure of defects, escrow conflicts.

Owner vs. Neighbor Disputes →

Boundary lines, easements, nuisances, HOA enforcement.

Easements & Encroachments →

Access rights, blocked easements, property overlap issues.

Landlord-Tenant Disputes (Residential) →

Habitability claims, evictions, deposit disputes.

Commercial Lease Disputes →

Breach of lease, repair obligations, termination conflicts.

Purchase & Sale Agreements - When Deals Go Wrong

Buying or selling a property can quickly turn contentious if one party fails to follow through or hides significant defects. We represent buyers and sellers in disputes involving:


  • Nondisclosure of known defects
  • Contract breaches or bad faith
  • Escrow and title conflicts
  • Disputes over repairs or final walkthroughs

If you've found yourself saying, "The seller didn't tell me about that-what can I do?" we can help you understand your options under California law.

Neighbor & HOA Disputes - Keeping the Peace

From fence-line disagreements to HOA rule enforcement, neighbor conflicts can become costly and personal. We handle disputes involving:



  • Property boundary disagreements
  • Shared fence or driveway costs
  • Noise, nuisance, and obstruction claims
  • HOA violations or selective enforcement

Santa Cruz's mix of urban lots, rural land, and HOA communities means local knowledge is key-James understands county ordinances and the unique property challenges in the area.

Easements & Boundaries - Clarifying Property Lines

Easements grant the right to use part of someone else's property-such as a shared driveway or utility access-but disputes arise when those rights are blocked or unclear. We assist clients with:



  • Quiet title actions
  • Encroachment removal
  • Easement clarification or relocation
  • Survey disputes

Landlord-Tenant Disputes - Residential & Commercial

We represent landlords-and select tenants-in complex rental disputes, including:



  • Habitability claims (mold, lack of repairs)
  • Retaliatory eviction claims
  • Lease breaches and enforcement
  • Commercial lease terminations and defaults

California's landlord-tenant laws change frequently. Having experienced counsel helps ensure you handle disputes correctly from the start.

House icon with gavel, representing a real estate auction.

Our Approach to Real Estate Litigation

We combine deep knowledge of California real estate law with local insights into Santa Cruz County regulations, including rent control nuances and zoning or permit requirements. We work with trusted surveyors, contractors, and appraisers to build strong cases. Whenever possible, we seek amicable solutions-particularly in neighbor disputes-but we are fully prepared to litigate when necessary to protect your property rights.

Answers to Common Real Estate Questions

  • What can I do if a home seller failed to disclose a defect?

    California law requires sellers to disclose known material facts. Depending on the situation, you may have the right to rescind the sale or seek damages for misrepresentation.

  • My neighbor's tree is overhanging my property-can I cut it?

    Generally, you can trim branches up to your property line. If the tree is causing damage, you may have additional legal remedies.

  • Do I need an attorney for an eviction in Santa Cruz?

    While it's not required, an attorney can help ensure you follow every legal step correctly-especially important given frequent changes to California's landlord-tenant laws.

Protect Your Property with Local Experience

Real estate disputes can quickly become expensive and emotional. Our firm helps you resolve these issues while protecting your investment and your peace of mind. Whether it's a home, rental, or commercial property, we have the experience and local knowledge to help.

55 River Street, Suite 100, Santa Cruz, CA