Property Law: A Guide to Property Dispute Resolution

Residential property disputes can sometimes be resolved through litigation, but it does not guarantee a satisfactory outcome. It is better to be cautious before signing your property papers since “precaution is better than cure”. It is crucial to consult an expert attorney in all disputes, especially property disputes. The firm provides legal consultations and dispute resolution services. The following resolution will help you avoid common property scams and understand what could go wrong.

1. The Property’s Title

Take a leap of faith and buy a property. Your dream home is currently being moved, decorated, and renovated. Despite being your first property purchase, you have chosen the best deal.

If the title remains unchanged after a property is purchased, it remains the property of the previous owner. The dispute is common when first-time buyers rely entirely on deceitful mediators and don’t understand real estate markets.

Resolution: 

You can be vigilant and stay alert in order to avoid title disputes caused by deceitful communications. Verifying the authenticity of property documents is the easiest way to prevent title fraud. You can easily verify property ownership by hiring lawyers and changing the title of the property to prevent anyone from claiming it.

2. A Will and an Inheritance

Life’s inevitable losses include the loss of loved ones, and while mourning their passing can be painful, dealing with inheritance and will issues can be even more difficult. The practice of verbally transferring possessions to children after an individual reaches retirement age is common.

In courtrooms and on legal documents, their words have little value. It is not mandatory for a person to get probate when they die or are near death. An individual’s will gives someone legal authority to handle his or her money, property, and other possessions after death. This type of dispute is most often found between family members, particularly siblings, as well as between business partners.

Resolution: 

Obtaining probate is quite simple if the deceased left a will, and the process starts with determining whether there was a will. If a will is present, the executor is responsible for managing possessions. When a person dies without a will, their next of kin inherit their property. 

Once they declare themselves executors or administrators, they are responsible for what follows:

• The payment of debts, such as taxes and loans, is a necessity.
• Assets can be rented or sold to earn money.
• Assets/estates are distributed in a lawful manner.

3. Damaged Properties in Neighbourhoods

Caveat emptor (a Latin phrase meaning “let the buyer beware”) means you must ensure that a property is of high quality, suitable, and sustainable. It is impossible for the seller to be held liable for damage discovered after the purchase has been made. 

It is common for property disputes to arise after a property is purchased. A buyer often finds damp areas, house infestations, or knotgrass after moving into or leaving a home.  After signing a contract, sellers do not provide complimentary features (usually appliances, fixtures, and furniture).

Resolution: 

There is a high probability that property ownership disputes will not go your way, regardless of how much we hope for it.

It is, however, impossible to solve practical legal issues such as property damage and deceptive contracts. It is only possible to report an unfriendly neighbor to your local management or a committee.

4. The Ownership of Property

It can be difficult to transfer or maintain fences, walls, land, or businesses without causing a dispute. There are often disputes over property ownership, which leads to disputes. When a property is held in joint or common ownership, disagreements can occur. Property ownership disputes often arise as a result of disagreements between partners about maintenance costs.

Resolution: 

Property ownership disputes can be avoided by understanding the type of partnership or responsibility that a party has with a property owner. An automatic transfer of liability or benefits occurs if one joint partner dies or withdraws from the property. There is no validity to the wills of partners in such partnerships. Most often, this arrangement is used by married couples. 

A general partnership requires 100% ownership by all partners. A partner’s share can also be sold or transferred at any time. It is important that the contract clearly defines each partner’s responsibilities and benefits.

5. Tenancy Issues:

There are situations that can cause the occurrence of a dispute in our real estate dealings, although we all hope they go smoothly. The three most common tenancy issues are rent renewal, maintenance, repairs, and lease expiration. 

Creating a rental agreement requires both parties to be on the same page. Signing a rental agreement involves a few common mistakes that tenants should avoid.  

Resolution: 

It is impossible to hear tenancy disputes in court without solid evidence or a valid tenancy agreement. A few tips can help you avoid conflict between tenants and landlords.