Real Estate Litigation Lawyer in Santa Barbara, CA
Santa Barbara’s real estate market is shaped by geography, regulatory complexity, and high property values. Disputes that arise in this environment , over coastal development permits, property boundaries, title claims, or government damage to private land , often carry significant economic stakes.
Resolving these disputes requires a law firm with experience litigating against government agencies, navigating California’s coastal regulatory framework, and pursuing constitutional property rights claims at the appellate level.
Kassouni Law handles real estate litigation for Santa Barbara clients throughout Santa Barbara County. The firm represents private parties exclusively and has never represented a government agency. Its real estate law practice and land use practice cover the full range of property ownership disputes that arise in California’s coastal environment.
Real Estate Litigation Practice Areas in Santa Barbara
Coastal Development Permit Disputes
CDPs issued by the California Coastal Commission or the City of Santa Barbara’s planning department often include conditions that significantly restrict how a coastal property can be used or developed. Where a permit is denied outright, or where conditions make a project economically unworkable, judicial review may be available.
The 60-day statute of limitations under Public Resources Code section 30801 applies to judicial review of final Coastal Commission decisions. Acting promptly after an adverse decision is essential to preserving the right to challenge it.
Title Disputes and Quiet Title Actions
Santa Barbara’s layered land use history , spanning Spanish land grants, agricultural subdivisions, coastal development, and urban infill , leaves a complex title record on many parcels. Conflicting recorded instruments, disputed successor interests, and unresolved prior claims may cloud title and prevent a sale or refinancing.
A quiet title action asks a California court to declare who holds legal title and extinguish competing claims. Kassouni Law handles these proceedings in Santa Barbara County Superior Court and, where necessary, before the California Court of Appeal, Second Appellate District.
Boundary and Easement Disputes
Coastal bluff properties, hillside parcels, agricultural land in the Santa Ynez Valley, and urban infill lots in downtown Santa Barbara all generate distinctive boundary and easement disputes. Access easements, view easements, and public access dedications imposed by the Coastal Commission are among the most common sources of conflict.
Where a neighbor, government agency, or prior owner claims an easement over private property that the current owner disputes, a court action may be necessary to resolve the competing claims.
Inverse Condemnation and Government Damage
Government projects , storm drain improvements, road construction, and public utility work , sometimes damage adjacent private property without formal acquisition. California’s inverse condemnation doctrine under Article I, Section 19 of the California Constitution covers property that is both taken and physically damaged by government action. This “damaged” standard is broader than the federal Takings Clause. Kassouni Law’s inverse condemnation practice handles claims arising from government-caused damage to private property.
CEQA Disputes and Environmental Review Litigation
Santa Barbara’s coastal and hillside setting triggers complex CEQA review for many development projects. Where a CEQA document is legally deficient, or where an agency uses CEQA as a tool to block legitimate development, legal challenges may be available. CEQA disputes can arise both when a property owner seeks to develop land and when a third party challenges an approved project.
Construction Defect Litigation
High-value residential and commercial construction in Santa Barbara generates construction defect disputes when structural issues, water intrusion, or code violations emerge after project completion. Kassouni Law has represented homeowners in construction defect actions resulting in multi-million dollar settlements.
The Santa Barbara Real Estate Litigation Landscape
Real estate disputes in Santa Barbara County are heard in Santa Barbara County Superior Court. Appeals proceed to the California Court of Appeal, Second Appellate District, in Los Angeles , the largest appellate district in California. Federal constitutional claims may be filed in the U.S. District Court for the Central District of California.
Because California’s coastal regulatory framework intersects with local planning, state housing law, and federal constitutional standards, Santa Barbara real estate disputes often involve multiple legal layers. A law firm that handles litigation at all of these levels , trial court, Court of Appeal, Ninth Circuit, and the U.S. Supreme Court , provides significant practical advantage.
Kassouni Law’s Real Estate Litigation Experience
Timothy V. Kassouni has argued before the California Court of Appeal, the California Supreme Court, the Ninth Circuit, and the United States Supreme Court. He contributed amicus curiae briefing in Lucas v. South Carolina Coastal Council, which established the landmark categorical takings standard. In Lockaway Storage v. County of Alameda, the firm secured a unanimous published Court of Appeal decision awarding more than $2.7 million to a property owner facing arbitrary government action. That precedent applies statewide.
The firm’s Los Angeles office at 515 South Flower Street, 18th Floor, serves Santa Barbara clients directly. The full attorney team is available at kassounilaw.com/sacramento-attorneys.
Frequently Asked Questions
What real estate disputes does Kassouni Law handle in Santa Barbara?
The firm handles coastal development permit disputes, quiet title actions, boundary and easement conflicts, inverse condemnation claims, CEQA disputes, and construction defect litigation. It represents private property owners, developers, and investors throughout Santa Barbara County. All representation is on the private-client side , the firm has never represented a government agency.
What is the deadline to challenge a Coastal Commission permit decision?
Judicial review of a final Coastal Commission CDP decision must be filed within 60 days of the Commission’s final action under Public Resources Code section 30801. This deadline is jurisdictional and strictly enforced. Challenges to local zoning decisions carry a 90-day limitations period under Government Code section 65009. Missing either deadline forecloses judicial review regardless of the merits.
Can a Santa Barbara property owner recover damages when a government project damages their land?
Yes, in some circumstances. California’s inverse condemnation doctrine under Article I, Section 19 of the California Constitution requires compensation when a public project physically damages private property, even without a formal acquisition. This “damaged” standard is broader than the federal Takings Clause. Whether a specific government action gives rise to a compensable claim depends on the nature of the damage, the public improvement involved, and the applicable case law.
Contact a Santa Barbara Real Estate Litigation Lawyer
Kassouni Law represents Santa Barbara property owners, developers, and investors in real estate litigation throughout Santa Barbara County and the Central Coast region. Call 877-770-7379 toll-free or 213-426-2183 for the Los Angeles office. Submit an inquiry at kassounilaw.com/contact. The firm responds within one business day. Submitting a contact form does not create an attorney-client relationship.
