Property disputes are unfortunately common and can put a damper on the excitement of buying a new home. When a property dispute does occur, it is crucial to take the right steps to address it as quickly as possible. When someone does have a property dispute, speaking with a lawyer is always a good idea, as they can help with determining the proper resolution.
What Are the Common Causes?
There are numerous reasons why a property dispute could cause the homeowner or potential buyer to start looking for a lawyer. Some of the main causes of property disputes include the following.
- Breach of Contract – A breach of contract occurs when someone does not uphold their end of the contract. For real estate, this often means canceling a contract for sale, failing to include everything noted in the sales contract, or failing to pay something per the sales contract.
- Fraudulent Transactions – There are numerous types of fraudulent transactions within the real estate industry today, so it is crucial to know what to look for before sending any money. Those who do fall for a scam or end up the victim of fraud can talk to a lawyer for help.
- Boundary Disputes – Boundary disputes can occur when the property owner or their neighbor believes the property line is somewhere different. Surveyors can help determine the exact placement of the property line, though it may need to go to court to be enforced.
- Co-Owner Disputes – If two or more people co-own a property and they decide to part ways, there may be a dispute over ownership and what should be done to the property during the split.
The First Step to Take
The first step to take when there is any kind of property dispute is to gather all important papers. Be sure to organize the papers to ensure they are easy to find and access when needed. Depending on the type of dispute, the case may need to go through the courts for resolution. Ensure there are enough copies of the paperwork to provide to everyone involved. It is better to have too many copies than to have too few and not be able to file paperwork on time or have other issues.
Contacting a Lawyer for Assistance
The next step should be to contact a lawyer for assistance. The title company involved in the property sale may be beneficial to contact in some situations, as they may be able to provide clarification or look into certain issues. However, a real estate lawyer is going to be able to do more to help the victim, especially if the case ends up going to court for resolution. Depending on the specific property dispute, it may be necessary to go to court to enforce boundaries, to get funds for a breach of contract, or to force the other property to perform as specified in the contract.
Property disputes are common today, and there are many different reasons why a property might be disputed. When there are any concerns that a dispute may occur or that one has occurred, it is recommended to seek legal assistance right away. Many issues will have a time limit for the person involved to file, so it is better to file as soon as possible to avoid missing the deadline to get help from the courts.