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Protect Your Property Rights

Last updated on March 21, 2024

The right to possess property and do with it what you will is one of the primary rights that we have in the United States. However, your rights as a landowner are constantly being threatened. The government, trespassers, homeowners association and others are always trying to impede your land rights.

As the founding attorney of The McMillan Law Firm, APC, I can help you defend your rights and interests as a landowner. I serve clients throughout the area of La Mesa, California. I understand how important your property rights are, and I will fight aggressively to protect your interests.

I represent clients throughout the entire life of their property ownership:

At the time of purchase: Many people don’t realize how helpful it is to have an attorney present during the purchase or sale of a home. A skilled lawyer can spot problems like issues with the land title, problems with the contracts involved, boundary discrepancies and other problems that can cause tremendous financial problems down the road.
During the time of ownership: Over the years as you own your home, numerous issues can arise, including boundary disputes, easement issues, eminent domain, trespassing, tax increases and changes in property value.
Insurance claims: Of course, homeowner’s insurance can be a minefield of problems. If you have had water damage or other incidents that result in filing an insurance claim, I can be there to protect your interests.

Whether I have to negotiate an HOA dispute, bring a lawsuit against the insurance company or fight to get you fair compensation for an eminent domain taking from the government, I am prepared to make sure your rights are protected, and answer your questions along the way. Some common questions I answer for my clients include:

What Kinds Of Property Are There?

In general, there are three types of land that can be owned by private citizens: residential, commercial and industrial. There are numerous subcategories for these and other types of land, as well.

Should I Fight Eminent Domain?

Yes and no. In general, the government has the right to take land for any public use. In most cases, it is extremely difficult to stop the government from taking the land. However, the constitution guarantees fair market value for any property the government takes. This aspect of eminent domain is certainly worth fighting, as the government will likely make you an offer well below the value of your home.

Can I Fight The Homeowners Association?

In general, you want to be careful about fighting HOAs. The practical fact is that you probably want to continue living in your current spot, and the HOA can make life extremely uncomfortable for you. Homeowners associations have a remarkable amount of legal authority over the appearance, maintenance and upkeep of the homes in the neighborhood. However, you have rights as a homeowner. If you have a legitimate complaint or disagreement with an HOA order, you can stand up and protect your rights.

How Can I Get The Insurance Company To Pay My Home Insurance Claim?

Every situation and every policy is different. One thing is almost always true, though: The insurance company will pay you the least amount possible. If you feel like you have had a claim denied or delayed in bad faith by your insurance company, you could call an attorney and look into a bad-faith lawsuit. Protect your rights and get the compensation you deserve.