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:
- https://nexgenlegalaid.com/20-common-issues-resolved-by-property-law-a-practical-guide/
- https://nexgenlegalaid.com/25-questions-about-buying-and-selling-property-answered-by-experts/
- https://nexgenlegalaid.com/30-ways-property-law-protects-your-real-estate-investments/
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.