5 Common Questions About Property Disputes and Resolutions

1. What are the most common types of property disputes?

Answer: 

Boundary Disputes: Disputes over property lines or encroachment.

Easement Disputes: Disputes regarding rights to access or use portions of a property, such as shared driveways.

Co-Ownership Disputes: Disputes between co-owners about usage or sale.

Landlord-Tenant Disputes: Disputes over lease terms, property maintenance, or eviction.

Title Disputes: Disputes over ownership because of errors, fraud, or unaddressed claims.

2. How are property disputes resolved?

Answer:

Negotiation: The parties directly resolve the dispute.

Mediation: A neutral third party helps the parties reach an agreement.

Arbitration: An arbitrator makes a binding decision.

Litigation: A court decides the matter if other methods fail.

Title Insurance Claims: For disputes involving ownership and title issues.

3. What is the role of a property survey in resolving disputes?

Answer:

A property survey clarifies boundaries, easements, and rights of way. It provides fact-based evidence for resolving disputes regarding land use or ownership.

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4. Can property disputes affect the sale of a property?

Answer:

Yes. Unresolved disputes can delay or block a sale. For example,

Boundary or title issues may prevent clear ownership transfer.

Tenant disputes can deter buyers or complicate the closing process.

Resolving disputes before listing the property is important.

5. How can property disputes be prevented?

Answer:

Title searches should be done thoroughly and title insurance secured.

Accurate property survey before buying.

Clear and legally sound contracts for sales, leases, or co-ownership.

All agreements documented and communication kept open with neighbors or co-owners.

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