Whether you rent or own your home, a commercial space, or some other type of property, you might find yourself embroiled in a dispute. A property dispute exists whenever there is a legal or contractual conflict regarding one or more properties. There are many potential parties in a property dispute, including:
- Tenants and landlords.
- Creditors and debtors.
- Homeowners and homeowners associations.
- Neighbors, family members, and divorcing spouses.
- Government entities.
A property dispute could occur regarding any type of real estate. The property might be a home, apartment, or even an empty lot. The dispute might be overuse, access, or maybe a zoning issue.
When a property dispute arises, you will need legal assistance. The dispute might be over a contract, property boundary, and use, ownership, or another disagreement. One or more parties may file a civil suit when a property dispute occurs. The lawsuit will require a cause of action.
There are many common property disputes:
- Breaches of contract: Breach of contract generally refers to one or more parties who did not fulfill the terms of a contractual agreement.
- Fraudulent claims: This is when one party makes fraudulent claims to entice the other party to enter a contractual agreement. The fraud is based on false information provided by the offending party.
- Boundary disagreements: Boundary disagreements can happen between adjacent property owners who disagree on where the property lines are located. Sometimes, property boundary lines are not recorded or marked.
- Specific performance problems: A specific performance conflict refers to one party failing to do something promised in a contractual agreement. A monetary settlement would likely not correct the issue because it is difficult to determine the damage caused when the performance is not done.
- Co-Owner conflicts: Many properties have more than one owner listed on the title or lease. Disputes could arise between the co-owners, which would require legal action to resolve. An example is when one party pays much more than another party to maintain a property or other costs.
How Can Property Disputes Be Avoided?
Some simple steps can help you avoid a property dispute. The steps require due diligence to ensure the transaction is correct and fair for all parties. Clearing up misunderstandings in advance is the best way to prevent property disputes.
Title Search and Inspection
If you are considering buying a property, a title search can help ensure that the seller has the legal right to do so. Another party may have filed a lien, such as a mechanic’s lien. One or more other parties also might have title claims to a property that might significantly inhibit your intended use of that property.
You also should pay a nominal fee for a full property inspection. A simple inspection helps thwart fraud and misrepresentations regarding the property’s condition.
Ensure Paperwork Is Done Properly
A property sale uses a sale deed to initiate the legal transfer of the property title from the seller to the buyer. The sale deed gives the buyer a legal document that outlines the scope of the property and the legal right to take ownership of a property.
If there are any mistakes in the sale deed, that could affect the title. You can have an experienced lawyer review the sale deed to ensure it contains no errors. An accurate sale deed can help prevent disputes between the buyer and seller.
A lease agreement should be correct and accurate as well. While most residential leases are simple documents, a commercial property lease could be more complicated. A thorough review for accuracy could help prevent property disputes between tenants and landlords.
Check With Local Zoning Laws
Suppose you want to buy a property and use it for commercial interest. If that property is not zoned for commercial use, you cannot do that without obtaining a zoning variance. Maybe you want to buy a property and build a home. Local zoning laws often limit new construction, such as height limitations, setbacks, and lot coverage requirements.
Local zoning laws could become very difficult to overcome if you try to do something that is not permitted.
Create Contractual Agreements Among Co-Owners
You can help prevent disputes among co-owners by carefully outlining each co-owner’s rights and responsibilities. The contract could govern property use, access, and costs for each owner. Instead of assuming each co-owner’s roles, the contract will state them.
What Should You Do if a Property Dispute Occurs?
If a property dispute occurs, you should try your best to resolve the matter with the relevant parties by reaching a reasonable resolution. Many property disputes regard relatively minor issues.
In some cases, one or more parties involved in a property dispute might remain unreasonable and refuse to reach an amicable agreement. A civil action might be the only solution. In such cases, you need to obtain the help of an experienced lawyer who can help you present the most robust case.
Towson Property Division Lawyers at Huesman, Jones & Miles, LLC Can Help You Take Legal Action When a Property Dispute Arises
One of our experienced Towson property division lawyers at Huesman, Jones & Miles, LLC can help you resolve your property dispute. Call us today at 443-589-0150 or contact us online to schedule a free consultation and to learn more. Located in Hunt Valley and Towson, Maryland, we serve clients throughout Baltimore, Baltimore County, Bel Air, Bentley Springs, Columbia, Freeland, Hereford, Hampton, Westminster, Essex, Monkton, Sparks Glencoe, Parkton, Phoenix, Pikesville, White Hall, Carroll County, Harford County, and Howard County.
