The Top 40 Property Law Disputes and Their Legal Solutions

Ownership and Title Conflicts

Ownership Dispute

Resolution: Title search and documentation of legal rights.

Title Issues

Resolution: Rectification through title insurance claims or legal remedy.

Boundary Conflict

Also read:

Resolution: Land surveyors and court decree to define the boundary.

Adverse Possession Claims

Resolution: Prove ownership through a record of possession or dispute it in court.

Easement Conflicts

Resolution: Mediation or court order to determine or terminate easement.

Landlord and Tenant Conflict

Failure to Pay Rent

Eviction Notice or Agreement to Pay

Under tenancy laws

Illegal Eviction

Remedy: File a complaint under tenant protection laws for reinstatement or damages.

Property Damage by Tenants

Remedy: Deduct repair costs from the security deposit or file a claim for damages.

Lease Agreement Violations

Remedy: Enforce terms through legal notices or terminate the lease.

Withholding Security Deposits

Remedy: File small claims for improper withholding or seek mediation.

Sale and Purchase Disputes

Failure to Disclose Property Defects

Solution: Sue for misrepresentation or breach of contract.

Breach of Sale Agreement

Solution: Seek specific performance or damages.

Disputes Over Earnest Money

Solution: Mediate or arbitrate over deposits disputes.

Fraudulent Property Transactions

Solution: Lodge criminal and civil cases for fraud and recover loss.

Delays in Closing

Solution: renegotiate the timeline or sue on a breach of contract if delay is unreasonable

Zoning and Land Use Disputes

Zoning Code Violations

Solution: Apply for variances or appeal zoning decisions.

Illegal Use of Land

Solution: Petition zoning boards or file an injunction.

Violation of Building Code

Solution: Correct the violation or negotiate deadlines for compliance with the authorities.

Violation of Environmental Law

Solution: Correct the complaint through compliance or defense at law.

Nuisance

Solution: Use mediation to solve the problem, or file suit to enjoin the nuisance activities.

Inheritance and Family Property Disputes

Disputed Wills

Solution: Petition for probate to dispute inheritance.

Co-ownership of Undivided Property

Solution: Petition for partition or the court’s decree to divide property.

Claims of Undue Influence in Inheritance

Solution: Contest wills or bequests in probate courts.

Non Transfer of Title After Death

Solution: Litigate or enforce transfer of title.

Disputes Over Distribution of Common Assets

Among Co-Heirs

Solution: Negotiate or litigate allocation of the assets or share of value.

Tenant vs. Neighbor Conflict

Encroachment

Solution: Get court order to have encroachments removed and boundaries restored.

Fence and Wall Disputes

Solution: Conduct survey of land and negotiate shared liability.

Shared Driveway Disputes

Solution: Clearly define access rights legally or negotiate alternative access.

Tree and Vegetation Issues

Solution: Resolve through local laws governing property lines and vegetation maintenance.

Nuisance Claims (Noise, Odors)

Solution: File civil suits or complaints under nuisance laws.

Commercial Property Disputes

Breach of Commercial Lease

Solution: Enforce lease terms or seek damages for breach.

Unpaid Commercial Rents

Solution: Issue eviction notices and claim unpaid amounts legally.

Improper Use of Commercial Property

Solution: Terminate leases or seek legal injunctions.

Disputes Over Property Improvements

Solution: Enforce lease provisions or seek compensation for unauthorized changes.

Failure to Maintain Property

Remedy: Sue landlords for failure to maintain properties

Foreclosure and Financial Disputes

Unlawful Foreclosure

Remedy: Litigate against wrongful foreclosure and pursue damages

Mortgage Payment Disputes

Remedy: Bargain for mortgage payment plans or refinancing with a lending institution

Equity-Sharing Disputes

Remedy: Mediate arbitration for profit-sharing disputes

Lien Disputes

Remedy: Litigate against invalid liens either in court or administrative hearings

Unpaid Property Taxes

Remedy: Bargain for repayment plans or file for tax lien redemption

Conclusion

Property law disputes range from simple disagreements to complex legal challenges. Understanding these common issues and their legal solutions can help you protect your rights, resolve conflicts, and safeguard your property investments. Always consult an experienced property lawyer for tailored advice and representation.