Nobody wants property conflicts. Most landlords and property owners want to be able to carry out their ongoing operations, whether they are building a new structure or living on an existing one. Unfortunately, arguments regarding who is the actual proprietor of a plot, who fulfilled their end of the bargain, or who is responsible for paying repairs occasionally come up.
You need to prepare a significant amount of research, paperwork, and time with the best New Jersey property dispute lawyer if you think you may be part of a property dispute. On our blog, you’ll find guidance on actions to take in this scenario and insights into future expectations.
What is a Property Dispute?
A real estate-related legal issue is known as a property dispute. Any type of property, including a home, an empty plot, a road, a business, or even a pond, can be included. Conflicts over rightful ownership, who is responsible for repairs, zoning issues, or circumstances where one property’s actions affect another are the leading causes of property disputes. For instance, when a new house hinders the view of another property or when there is a dispute over the boundary of the land, a conflict may arise.
Types of Common Property Disputes
There are many different kinds of property disputes. The majority fall under one of the following categories:
- Breach Of Contract
When a party breaches a property contract, the other party may file a lawsuit to seek damages. For instance, a tenant violating lease terms constitutes a breach, warranting legal action for resolution. It may also happen when a buyer fails to give the seller the money they agreed upon.
- Real Estate Deception
Real estate deception occurs when a party intentionally misleads another to obtain additional resources or money from a contract. This fraudulent behavior encompasses various schemes like predatory loans, unlawful property flipping, and straw buyer schemes, where individuals intentionally mislead for personal gain.
- Boundary Conflicts
When neighbors differ on where the property line is, boundary conflicts can emerge. These conflicts are more likely to arise if the property boundaries were never fully registered or if a practical property line surpasses the legal line.
- Co-Owner Disputes
A dispute among co-owners arises when many individuals co-own a property and fail to achieve an agreement on property-related issues. This appears when there’s a dispute about topics such as whether to invest in a property, sell a home, or renovate it.
- Specific Capabilities
When one of the parties to a real estate transaction fails to perform an agreed-upon material action, a specific property dispute may develop. Rather than just attempting to remedy the matter with money, as with other types of breach of contract disputes, the court may grant particular performance to compel the party in violation to execute what they promised.
What Should You Do If You Have a Property Dispute?
In property disputes, it’s crucial to address the conflict proactively. Take action to negotiate a resolution with the other party, seeking a settlement without resorting to court proceedings for a more agreeable solution. Simple misunderstandings can sometimes resolve property conflicts. Unfortunately, many legal disputes are too complex to settle out of court. If you are unable to resolve the property issue on your own readily, we propose that you take the following steps:
- Gather Details for Your Case
To properly present your argument, you must first acquire facts concerning the property under consideration. This includes locating any necessary paperwork and photographing property damage.
You may need to conduct a comprehensive title search on your property to find the appropriate paperwork.
A title search will uncover every document pertaining to your property. In some situations, you may also require an expert property dispute legal services in New Jersey to estimate the market worth of the property and write a report for legal proceedings. When you purchased the property, you may have conducted some of these processes. But when you go to trial, you will need to have these searches repeated.
Find a Property Dispute Lawyer
An experienced property conflict attorney can make all the difference in your case’s outcome. Rather than choosing the first lawyer you discover on Google, look for a few different property dispute lawyers who appear to have the knowledge you require. You can begin your search for a lawyer by asking friends and relatives for referrals, getting a referral from a trustworthy business associate or another lawyer you trust, or searching in an internet service like Sommer Law.
Once you’ve identified a few attorneys who look to be a good fit for your case, you may interview them to limit your options. Make sure to inquire about their experience, such as:
- How long have you been practicing real estate law in this city?
- Who else would be handling my case?
- What is your plan of action?
- What is your fee schedule?
- Can you supply references?
How to Avoid Future Property Controversies?
The most excellent approach to property disputes, like many other difficulties, is generally prevention. To avoid future legal complications, we suggest that all prospective property buyers take the following steps:
- Before making a purchase, conduct a title search. In most cases, this entails hiring a title investigator or advocate to undertake a title search on your behalf. We recommend reviewing and authenticating any title records for the property dating back at least 30 years.
- Examine the sale contract. Sale deeds are critical and should be error-free. To avoid future complications, double-check that the dates on the stamp papers and transfer of title paperwork are correct and match.
- If the property was inherited, obtain proof of inheritance. It is also good to transfer the property with evidence of heritage, such as a will, probate, letter of administration, or succession certificate. Check that the property was allocated according to succession laws if there was no will.
Looking for a Property Dispute attorney in New Jersey?
Sommer Law is the best New Jersey property dispute lawyer. We have served clients in the New Jersey region for many years. We have years of expertise in title work as the owner of a title insurance agency, which we have used to settle numerous complex title issues using a common sense technique. Contact us today if you need an expert property dispute lawyer to assist you with your case!
