Property disputes are common across the United States, and the best way to deal with them is to avoid them in the first place. Issues often arise around property boundaries or other ownership concerns, and what starts as a small disagreement can quickly escalate into a stressful and costly legal battle.
The most effective way to resolve property disputes is to avoid them at all. We’ll take a closer look at the most common types of property disputes, how to avoid them, and what your options are if you’re currently dealing with one.
What Exactly Is An Estate Dispute?
A property dispute is a legal disagreement involving real estate. Property disputes usually arise over issues like property boundaries, responsibility for repairs or construction, blockades, ownership rights, zoning concerns, or determining who is accountable for property damage.
Property disputes can arise with all kinds of real estate, whether it’s a house, an apartment, a vacant lot, or even an unused road. It’s not always just between two people. A property dispute can involve several parties, including:
- Homeowners
- Landlords
- Tenants
- Neighbors
- Property Visitors And Trespassers
- Family Members
- Homeowners’ Associations
- Government Agencies
Common Types Of Property Disputes
Breach Of Contract Property Disputes
If real estate is purchased, sold, or leased and then resold, a contract is in place. Landlords agree to make repairs and allow tenants to use the property. Tenants are required to pay rent on time and comply with the guidelines outlined in the lease.
Boundary Disputes
It is common for neighbors to have disputes when there is disagreement over which property line is in the area.
Co-Owner Disputes
Multiple people own specific properties. If joint tenants, co-tenants, or partners disagree regarding a property issue, there is a chance that a dispute between co-owners. For example, if one of the co-owners ends up covering more than their fair share of the property’s expenses, they may have the right to place a lien on the other co-owner’s share when the property is eventually sold.
Specific Performance Property Disputes
Specific performance property disputes may arise when a party to a real estate agreement fails to fulfill a significant obligation outlined in the agreement. Unlike most contract disputes that are typically resolved with monetary compensation, specific performance requires the party who broke the agreement to follow through on what they promised, not just pay damages.
How To Avoid Property Disputes And Keep The Neighborhood Peace
If you’re in the process of purchasing or developing a property. There are several precautionary steps you can take to help prevent future disputes. There are some actions we suggest to shrewd homeowners and property owners:
Conduct A Title Search Before Purchasing Property
It’s always a good idea to do a thorough title search before buying a property to make sure there are no legal issues tied to it. The buyer should check and review all title documents for the property for at least the past 30 years, just to ensure everything is in order. Title advocates or investigators conduct the majority of title searches.
Double-Check The Sale Contract.
Sale deeds are crucial documents that should not contain mistakes. Be sure that you check that the date on your stamp paper, as well as the transfer documents of titles, are accurate and align with each other.
Find All Municipal Approvals And Permits.
If you’re planning to build or renovate your new property, be sure that you have all the necessary approvals from your local municipality before moving forward. You may need permits for construction work as well as other aspects of your project from the relevant government department.
Be Sure That The Plan Approved Is Identical To The Area Of Construction
It is important that the constructed structure matches the plan initially approved by the government authority.
Make A Written Contract Or Agreement Between Co-Owners
Disputes between co-owners usually arise when there’s disagreement over how to manage the property, or when one person ends up paying more than the others. To avoid legal issues, it’s better to create a clear agreement from the start.
What Do You Do When Involved In A Dispute Over Property
If you’re facing an ambiguous legal matter related to the property you own, there are many ways you can proceed. We suggest gaining a clear understanding of the issue and trying to have an open conversation with the other party. If that doesn’t lead to a resolution, it’s best to hire an attorney. In the ideal scenario, both parties will remain civil with each other and reach an agreement without escalating the matter into a costly legal fight.
One of the most effective ways to resolve a property dispute is by filing a “quiet file”. You can request the court to review all arguments and evidence to determine who legally owns the land. Depending on the situation, going to court or trying mediation are also possible paths to settle the matter.
For more information about handling property disputes, check out our recent posts on why expert legal advice is essential for real estate matters, how an Edmonton real estate lawyer can assist you, and why hiring a lawyer for real estate conveyancing is crucial.
If you need personalized legal assistance, contact Team Law Group at (780) 490-4341 or email us at info@teamlawgroup.ca. To explore our full range of services.
