Property Disputes are pretty unpleasant. Most landlords and renters just want to be left alone to go about their daily lives, whether they live in an apartment or are building a new building. Landlords and renters often disagree about who owns the land, whether or not the landlord or tenant is living up to their end of the lease agreement, and who is responsible for repairs.
If you think you are in a property dispute, you should be ready to do a lot of research, fill out a lot of paperwork, and spend a lot of time with a lawyer. However, there are many ways to avoid a lengthy court battle, which is good news.
The Most Common Kinds Of Property Disputes
There are many different kinds of property disputes. However, they are usually put in one of these classes:
Breaking the terms of a contract
If one party to a property contract loses money because the other party didn’t do what they agreed to, the party who lost money can sue for compensation. For example, a renter who breaks the terms of a lease or a buyer who doesn’t pay a seller the agreed-upon amount can be held legally responsible for breaking a contract.
Real estate Fraud
Real estate fraud is when one party intentionally lies to another to gain an unfair business deal advantage. Schemes like “straw buyers,” “illegal flipping,” and “predatory lending” are all common types of real estate fraud.
Conflicts over the property
When neighbors have different ideas about where their property lines should be, this can lead to boundary disputes. Problems with ownership are more likely to happen if the property lines were never written down or if the actual boundary of the property goes beyond the legal line.
There are problems between co-owners.
This is a co-owner conflict when multiple people own the same property and can’t agree on anything. If co-owners have different ideas about what is best for the property, this could lead to a property dispute.
Participation of members
When one party to a real estate contract doesn’t do something important, it can lead to disagreements over specific performance property. Instead of settling the dispute economically, which is usually done when a contract is broken, the court may award “specific performance” to force the party who broke the agreement to do what it said it would do.
How to Handle The Property Dispute
When there is a property dispute, it is essential to do something. Instead of going to court, it is best to try to solve the problem with the other person. When it comes to property, sometimes it turns out that the parties just don’t understand each other.
Collect evidence for your defense
If you want to win your case, you must find out more about the property. This could mean finding essential documents, pictures of them, and photographs of property damage. All this will be going to your lawyer.
Talk to a lawyer
Choosing the right lawyer to defend you in a real estate dispute could be crucial to your success. Instead, look at several people who seem to focus on property issues. Start by asking for references from people you know and trust, like family and friends, reliable business contacts, or doing a simple google search.
Search for agencies that have positive reviews, like Gold Coast Lawyers. The higher the rating and positive reviews, the better. This will not only help you gain confidence, but you will also be in the right hands.
What to do if you have a legal dispute over a piece of property
Property disputes can’t permanently be settled in a fair way. An argument may be resolved without court if the people involved can discuss it. There are times when you have to make a formal complaint.
Instead of going to court, try to solve a problem. A real estate mediator can help guide the conversation and tell you what to expect if your case ends up in court. Of course, it is best to move forward with the idea that the problem will be solved by talking about it instead of going to court, but trials are always possible.
Conclusion
Property disputes are messy if you are not prepared. If you do not do your research or do not have the proper documents, the case could fall apart or get pulled on for years. This is something you need to keep in mind before stepping foot into the courtroom. A good lawyer will always help you with this.
