Property disputes are fairly common in the United States. When different people claim to own the same property, can’t agree on the boundaries between two properties, or have another property-related disagreement, the situation can quickly turn into a difficult legal battle.
The best way to deal with property disputes is often to try to keep them from happening in the first place. Below, we will discuss common types of property disputes, how you can avoid them, and what to do if you are already in a property dispute.
A property dispute is a type of legal dispute that involves real estate. Property disputes often arise from disagreements over property lines, responsibility for repairs on construction, blocked views, rightful ownership, zoning issues, or who is at fault for property damage.
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A property dispute can involve any type of real estate, from homes and apartments to empty lots and roads. Many different people can be involved in a property dispute, including:
Whenever real estate is purchased, sold, or leased, there is a contract involved. Landlords agree to provide repairs and allow the tenant to use the property; tenants agree to pay their rent on time and follow the rules outlined in the lease; homebuyers agree to pay a specific price to the seller in exchange for rights to the property. If someone does not live up to their obligation, they may be found in breach of contract, and the other party can pursue damages for their losses.
Fraud can happen in any industry, including real estate. When a party to a negotiation falsely represents their property and causes another party injury, such as by withholding information about the state of the property, this is considered real estate fraud.
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Disputes often arise between neighbors when there is a disagreement about where the property line lies. Often, the property boundaries were never clearly registered, or a practical property line supersedes the legal line.
Some property is owned by more than one person. If co-tenants, joint tenants, or partners disagree on a property issue, a co-owner dispute may arise. For example, a co-owner who pays more than their share of the property expenses may be entitled to assert a lien against the other co-owner’s interest after the property is sold.
Specific performance property disputes can arise when a party to a real estate contract does not perform a material action outlined in the agreement. Unlike other types of breach of contract disputes, specific performance forces the party in breach to do what they promised rather than merely attempting to resolve the issue with money. Courts usually grant specific performance when the subject of the contract is unique or when the true amount of damage is unclear.
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When you’re in the processing of buying or developing a property, there are several actions you can take to avoid future disputes. Here are a few steps we recommend to conscientious property buyers and owners:
It’s always a good idea to conduct a thorough title search before purchasing a property to make sure it’s legally clear. Ideally, you should verify and peruse any title documents for the property from the past 30 years. You can also check to see if the property has been approved by leading banks, which usually means the title is clear. Most title searches are conducted by title investigators or advocates.
Sale deeds are vital documents and should not contain errors. Make sure the dates on the stamp papers and transfer of title documents are correct and match each other.
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If you plan to build on your new property, make sure your plan has all the required approvals from your municipality before moving forward. You may need to obtain licenses for construction work and other aspects of your project from the appropriate government department.
This is another crucial step you should take when building on your property. Check to ensure the sanctioned plan is the same as the actual built-up area. If the sanctioned plan does not match the built area, your construction could be illegal.
Many property disputes arise over inheritances. Before you invest in an inherited property, make sure the beneficiary’s name is on the relevant government or revenue records. Ideally, the property will have been transferred with proof of inheritance such as a will, probate, letter of administration, or succession certificate. In situations where there is no will, you should make sure the property was distributed according to succession laws.
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Disputes often arise between co-owners when they cannot agree on how to manage their property or when one co-owner pays more of the expenses than the other. To avoid a future legal battle, it’s a good idea to create a contract that spells out how to resolve future disputes, as well as each party’s rights and obligations.
If you are in a complicated legal situation that relates to your property, there are several steps you can take. We suggest you begin by doing your best to understand the problem and talk with the other party; if you can’t easily resolve the issue, you may wish to hire an attorney.
Property disputes over small, less expensive areas of land can often be resolved outside of court. Ideally, both parties can be civil around each other and come to a resolution without a costly legal battle. Many would-be legal disputes turn out to be simple misunderstandings.
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It’s a good idea to hire an attorney if your property dispute cannot be resolved without legal action. A real estate attorney can help you send an appropriate demand letter to request action from the other party, file a complaint, and prepare for litigation if necessary. You can resolve your case through either a “quiet file, ” in which you ask the court to consider all your evidence and arguments to decide who owns the land, or through litigation or mediation.
For more information about dealing with property disputes, check out our recent posts on when to hire a real estate lawyer, buying and selling a home, and real estate litigation.No one likes property disputes. Most real estate owners and tenants just want to be left in peace to continue what they were doing, whether that was living on a property or constructing a new building. Unfortunately, disagreements often arise about who owns a piece of land, whether a landlord or tenant was holding to their end of the lease, or who should pay for damage.
If you think you may be in a property dispute, you should be prepared for a lot of research, paperwork, and some time with a lawyer. Fortunately, you can often avoid a costly battle in court.
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Read on to learn what to do about your situation and what you can expect to happen in the coming weeks and months.
A property dispute is a legal dispute involving real estate. It can involve any type of property, including a home, empty lot, road, commercial building, or even a pond.
Most property disputes arise from disagreements over rightful ownership, responsibility for repairs, zoning issues, or situations where events on one property impact another. For example, a dispute may arise when a new home blocks the view on another property or when there is a disagreement about the property line.
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When someone does not live up to their obligation in a contract related to a property, the other party can pursue damages for their losses. For example, if a tenant fails to follow the rules outlined on a lease or a homebuyer does not pay the agreed price to the seller, they may be found in breach of contract under the law.
Real estate fraud happens when a party intentionally misleads another party in order to get more money or another desired resource out of a negotiation. Common types of real estate fraud include straw buyer schemes, illegal property flipping, and predatory lending.
Boundary disputes can arise between neighbors when they disagree on where the property line lies. These disputes are more likely to occur if the property boundaries were never clearly registered or a practical property line supersedes the legal line.
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When more than one person owns a property and they disagree on a property issue, a co-owner dispute arises. For example, there may be a property dispute if the co-owners cannot agree on whether to sell the property, hold it for investment, or improve it.
A specific performance property dispute can arise in some situations when one of the parties to a real estate contract does not perform an agreed-upon material action. The court may grant specific performance to force the party in breach to do what they promised rather than simply attempting to resolve the issue with money, as with other types of breach of contract disputes.
When you are in a property dispute, you need to take steps to resolve the problem. Ideally, you will be able to talk through the problem with the other party so you can come to an agreement without a legal battle. Sometimes property disputes turn out to be simple misunderstandings.
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Unfortunately, many legal disputes are too complicated to be resolved outside of court. If you are unable to resolve the property issue on your own
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