1. Type of Property Dispute
Ownership disputes (real estate, personal property).
Boundary conflicts.
Landlord-tenant disputes.
Easement or access issues.
2. Collect Necessary Documents
Titles, deeds, or leases.
Property surveys or maps.
Contracts and agreements.
3. Know Relevant Laws
Property laws, zoning regulations, and local ordinances.
4. Analyze the Dispute
Assess the nature and scope of the dispute (e.g., financial, emotional, or legal impact).
5. Seek Legal Counsel
Meet a property lawyer to learn about rights and obligations.
Also read:
- https://nexgenlegalaid.com/what-are-the-key-principles-of-civil-law-exploring-the-basics-in-20-minutes/
- https://nexgenlegalaid.com/25-common-civil-law-disputes-and-how-they-are-resolved/
- https://nexgenlegalaid.com/30-essential-legal-rights-every-citizen-should-know-under-civil-law/
6. Try to Communicate
Open discussion with other party to discuss their point of view.
7. Scrutinize Contractual Issues
Review agreements or contracts executed regarding the real estate for possible breaches or infractions.
8. Boundaries
Survey can be conducted for demarcations that are claimed or disputed by the parties concerned.
9. Search for any Encumbrances
Liens, Easements and Restrictions on this property.
10. Mediate
Neutral and impartial mediator facilitate amicable disposal.
11. Financial Stakes
Calculate estimated damages, loss in value on the property concerned and cost in litigation.
12. Notice to the Other Party
Send a formal notice stating the dispute and the resolution sought.
13. Collect Witness Statements
Collect statements from neighbors or other people who may have knowledge of the case.
14. Photographic Evidence
Take photographs or videos of the property and the disputed areas.
15. File a Legal Claim
If no settlement is reached, file a case in civil court.
16. Choose the Right Jurisdiction
File the claim in the right court depending on the location of the property and the nature of the dispute.
17. Process Service of Lawsuit
Notify the opposing party of the case.
18. Draft Initial Complaints
Make a written complaint stating the case, law on which it is based, and relief sought.
19. Address Counterclaims
Answer any counterclaims by the opposing party.
20. Begin Discovery
Exchange evidence, documentation, and depositions between parties.
21. Property Appraisal
Get an appraisal of the property to bring an accurate evaluation in court.
22. Use Experts
Recruit surveyors, appraisers, or legal experts for opinions.
23. Settlement Options Analysis
Evaluate settlement offers before moving to trial.
24. Interim Relief Application
Apply for orders that would ensure no worsening of the position or interference in the proceedings.
25. Pretrial Conferences
Meeting with the judge on how the case is proceeding and potential settlement.
26. Preparation for Trial
Evidence, witnesses and legal submissions.
27. Hearings
Argument of your case based on evidence and law.
28. Cross-Examination
Your turn on examination, examining the opposing party’s witnesses.
29. Precedent Application
Cite relevant case laws that support your claims.
30. Wait for Court Judgment
Await the judge’s ruling, which determines ownership, damages, or remedies.
31. Enforce Court Orders
Implement the judgment, such as transferring ownership or paying damages.
32. Appeal the Decision
If dissatisfied, file an appeal to a higher court.
33. Seek Injunctive Relief
Request injunctions to prevent ongoing harm or unauthorized actions.
34. Partition Property
In cases of joint ownership, request a court-ordered division or sale.
35. Easement Disputes
Determine and enforce the right to enter or use part of a property.
36. Adverse Possession Claims
Protect or seek rights acquired due to a long history of apparent and open property use.
37. Title Disputes
Seek redress against or from discrepancies or fraud in titles via litigation.
38. Post-Judgment Settlements
Agree on flexible ways to put court judgment into practice.
39. Maintenance of Records
Prepare records for future disputations to avoid them.
40. Imparting Parties on Future Observance
All parties should know the obligations and rights to prevent repetition.
Conclusion
Civil law presents a step-by-step approach for dealing with disputes over properties by balancing the law with equity. Litigation may be pursued; however, the alternative modes include negotiation and mediation, as it is relatively fast and cheaper. Knowing the process empowers the property owners and stakeholders in effectively protecting their interests.
