South Auckland Lawyer For Property Disputes – Common Issues and Legal Solutions
Understanding Property Disputes
Property disputes are surprisingly common. They can both residential and commercial, and cover topics such as conflicts over ownership, boundaries, usage rights, fencing, trees, insurance disputes, property development, and subdivisions. These can become complex, multi-faceted issues so hiring an experienced South Auckland lawyer for property disputes is essential.
Let’s look at some of the common issues.
Types of Property Disputes
Boundary Disputes
Boundary conflicts are among the most common types of property disputes. Neighbours disagree over the exact location of property boundaries. Often the cause is due to outdated property descriptions in title deeds, or incorrect surveys. Increasingly, with severe climate events, changes in the landscape can trigger disputes. Finding a resolution to boundary disputes will need a professional surveyor, reviews with the local council, and sometimes, legal action to clarify the boundaries. Getting help from a South Auckland lawyer for property disputes at an early stage can make the process quicker, and cheaper.
Ownership Disputes
Given the careful work that goes into the purchase of land, it is a surprise that there can be ownership disputes. However, these are not related to the transfer of land or property but to claims about possession.
For example, ownership disputes may be claims of adverse possession, disagreements over inheritances, or conflicts arising from joint ownership.
Adverse possession is when someone occupies land for an extended period. They can contend that by carrying out particular legal requirements, they can later claim ownership.
Inheritance disputes are common when a will is not clear, or someone feels they have been left out of the asset distribution.
Joint ownership disputes can be about or the division of the proceeds of the property after its sale. This is common in divorce situations but also when siblings decide to sell parents’ land.
Usage Rights Disputes
Usage rights disputes typically involve easements or rights of way.
This is when one party has the legal right to use another’s property for a specific purpose such as a driveway that one household is allowed to use. Disputes arise when one party feels the other is exceeding its part of the agreement such as parking inconsiderately on the driveway.
Before agreeing to any easement or right of way, it is essential to consult a suitable lawyer to avoid such disputes.
Landlord-Tenant Disputes
Landlord-tenant disputes are common. For simpler issues such as rent payments or bond refunds, the Tenancy Tribunal can help
More complex issues, especially for commercial property, will usually need the help of a lawyer.
Common issues involve lease agreements, rent reviews, maintenance or repair of the property, and returning the premises to its initial state at the end of the tenancy.
Insurance Disputes
Insurance disputes occur when the owner or occupier makes a claim on the insuring company but they insurer challenges the claim.
Property Development Disputes
Property development and subdivisions are similar in that other landowners might object to the builders’ construction plans. This might be due to the size of the development, the loss of natural sunlight, insufficient infrastructure, an environmental impact, and many other causes.
Resolving Property Disputes
Consulting a Lawyer
Talk to a property disputes lawyer as soon as you can. They will be able to give you guidance on the strength of your claim. They might say that it is not worth the stress ands cost of pursuing the claim.
On the other hand, they can also give you advice on how to proceed. It might be a simple letter from them to the other party or their lawyer explaining your position. However, property disputes tend to become emotionally charged so expect a lengthy procedure before you get a resolution.
In Conclusion
Property disputes are complex and varied. They can quickly become irrational if people do not get sensible legal advice. Seeing a South Auckland lawyer for property disputes at an early stage can be very worthwhile. They can give you an indication of your likelihood of success and the time and cost of getting a resolution.
McVeagh Fleming in Manuaku city has lawyers who can advise if you are in this situation. Visit their website.