Property Disputes and Litigation


What is Property Dispute?

A property dispute refers to a legal issue that includes real estate. It covers a wide range of disputes over different kinds of property like a vacant lot to a home, deck, condominium, manufactured home, pond, driveway, and other possible elements of real property.
The size of a property dispute may differ and it may influence the marketability of the property. For instance, a property dispute may arise when a builder of new construction homes pours a concrete driveway for a brand-new home–but accidentally creates the driveway so that it crosses onto the neighbor’s property by six inches. This is a small issue, but has the potential to become a larger problem down the road if it is not corrected.


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 Who Can Be Involved in a Property Dispute?

A person who has an interest in  real estate or the property in dispute can be involved in cases related to property disputes. Generally, the owner of the property is mostly involved in property disputes, but it may include others too and they are as follows:

  • Family Members;
  • Homeowner Associations (HOAs);
  • Trespassers;
  • Government Agencies;
  • Builders and Developers;
  • Municipalities.
  • Landlords and Tenants;and/or
  • Neighbors;

 It is to be noted that cities and municipalities can be a part of property disputes. Most of us must not be aware of the fact that cities do own property, and have certain agencies that issue building permits or regulate property.

 Usually, disputes that may involve municipal corporations or cities can involve issues like lawful authority over a property, the government can rightfully take away and use that property for societal welfare.

What Remedies are Available for Property Disputes?

The factors that decide the remedies for property disputes are where the property is located and the nature of the dispute. A few of them include judicial sales, injunctions, compensation of damages (monetarily), and quiet title actions.

  • Judicial Sale: Judicial sale refers to the sale of the property in dispute. The court may order the sale and distribute the money rightfully among the co-owners. It is an option in partition suits as well.
  • Injunction: In case a person wants to stop the other person from forbidding something like trespassing or dumping trash or building a wall, the aggrieved person can seek an injunction. An injunction refers to a legal order from the court to stop a person from doing a specific activity. There are two types of injunction i.e. permanent or temporary. It can also be referred to as a “cease” order. The court may also use judicial sales in some cases as a remedy in property disputes. It is commonly used when an owner of the property has not paid his dues.
  • Monetary Compensation to damages: It helps the aggrieved person cover his/her losses incurred from the dispute. For instance, if a neighbor builds a wall illegally which may create a hindrance in your part of the property.
Quiet Title Actions: They are a type of suit that helps in determining the legal ownership of the property in dispute, and it is common in case the chain of title or ownership is incomplete in the public record.

Conclusion

ELT Consultants provide services related to property disputes and litigations. Our team of professionals has vast experience in this field and has attained great achievements. We proudly say that we can handle all kinds of litigation matters in property disputes.

FAQs

Yes, one may rent a disputed property subject to the orders of the Hon’ble Court.

Property litigation includes all kinds of properties like residential, commercial, industrial or agricultural property. Anyone who owns a property can benefit from property litigation like a retailer, investor and developer, property manager, educational institution, leaseholder, financial institution, and commercial or residential landlords or tenants. ELT consultants are the best property litigation firm having experienced attorneys.

It is a kind of field that deals with conflict over a property (movable or immovable). It shall include matters related to all kinds of property and settling disputes between the owner and the other parties. Others like property owners and investors may retain the service of an attorney for their legal opinion in order to avert future litigation or disputes.

A property dispute may involve any person who has an interest in the property in dispute like owner, or

  • Neighbors;
  • Landlords and Tenants;
  • Homeowner Associations (HOAs);
  • Trespassers;
  • Family Members;
  • Builders and Developers;
  • Government Agencies; and/or
  • Municipalities.

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