A real estate lawyer is imperative for when property disputes might threaten to affect your physical and mental safety. Usually, a disagreement may happen between two parties over the use or ownership of any property. While ideally, the situation should be resolved amicably without any interference from outside, sometimes, the situation may necessitate intervention. In that case, a real estate lawyer will help you resolve the problem and ensure your financial and legal interests are handled. Whatever the property dispute, a real estate lawyer is best suited to handle the situation for you.
Let us start by looking at property disputes, their many types, and how real estate lawyers can help you navigate this otherwise very tricky area without endangering you or your interests.
What are property disputes?
Aside from the obvious, any issues that may stem from ownership or change of status of a property between two properties or claimants are constituted as property disputes. While the disputes may be trivial and can be resolved with an informal meeting, the situation may escalate to the point where litigation becomes imperative. The usual course of action involves contacting a real estate lawyer, who will then work out the legal aspect of the dispute, which usually stems from the following questions.
- Who owns the property?
- Who has rights to the property?
- Who will determine the ownership of said property?
If either of these questions is part of the argument, a real estate lawyer must be contacted since they will be responsible for the further course of action and will draw up the necessary paperwork required to initiate legal proceedings.
What are the different types of property disputes?
There are several types of property disputes, all stemming from any of the questions posed beforehand. Let us look at these types of property disputes in detail, and then we’ll progress onto how a real estate lawyer may help you deal with them.
Breach of contract
Breach of contract is the most common property dispute that can arise. As the name implies, a breach of contract occurs when a party fails to comply with the other party’s demands, as per the requisites agreed upon by all parties in the contract. For example, if a landlord fails to make repairs on their property, which is being rented out, or if a tenant fails to pay their rent by the date stipulated as per the contract, a breach of contract will have occurred, which can then be resolved through relevant legal proceedings.
Many properties across the country are jointly owned, which means that two or more people share ownership of the property, and any dividends from the income are distributed equally among the partners. In case of any misconduct, either one can sue the other under a co-owner dispute. In cases involving selling individual interests in the property, the court will usually decide on partitioning or breaking up the property so that each individual may get their rightful share.
Construction issues/ conflicts
These issues may arise when multiple parties are involved in the construction or improvement of a property and when differences emerge either in the scope of work or in the quality of work. These, too, constitute property disputes and are resolved with a legal proceeding.
Real estate fraud
Real estate fraud, unfortunately, is all too common, and many people get cheated out of their hard-earned money. In other cases, knowingly or belligerently transacting a deal involving a faulty property will also constitute real estate fraud, considered a criminal offense in several jurisdictions, and elicit a criminal proceeding. A good example of the latter would be renting or selling a house under federal investigation or with structural issues or infestations, like termites. If the previous knowingly sold the house and stated that the property was trouble-free, this will constitute real estate fraud.
Boundary disputes are simple; if one property owner suspects another individual might have constructed or used something on their property without prior notice, a boundary dispute may be filed with an attorney. The case may be referred to a court of law.
How can a real estate lawyer help?
In legal proceedings over real estate disputes, a real estate lawyer can be crucial in deciding between losing out on the issue or winning it. Here are some ways real estate lawyers can help you with a real estate dispute.
Legal expertise, experience
Real estate lawyers know the ins and outs of real estate law. They can easily navigate complex situations involving such issues, owing to their expertise and experience in dealing with them. They can help clients understand the situation and the law surrounding it and are pivotal in seeing their clients through the process.
Protecting financial and legal interests
A real estate lawyer’s primary responsibility will be to protect their client’s financial and legal interests. Whatever the property dispute, whatever the case, a real estate lawyer will see to it that their client benefits.
An out-of-court settlement is always possible and is usually the preferred route for amicably solving the differences among disputing parties. This helps them stay out of the cumbersome and bureaucratic court process, and since it benefits both parties, real estate lawyers can negotiate on behalf of their clients and ensure that what is rightfully their clients is served.
The bottom line
Property disputes and real estate issues can be very stressful and may affect an individual’s mental and physical health. The accompanying legal process may also affect the individual’s financial situation since many people depend on their property for income. This is why a real estate lawyer is crucial in helping you navigate your way around the complex legal situation that may arise from the dispute, and they will ensure that the case concludes favorably, keeping in view your financial and legal interests. In property disputes, real estate lawyers can be a lifesaver.
Siddiqui Law Office: bonafide real estate lawyers
Legal issues and court matters need not be troublesome affairs. Property disputes, likewise, should be kept from, since the other party might not always be right and may infringe on your rights and property. This is why Siddiqui Law Office is here for you, providing sound legal advice and representation for matters relating to property disputes. Leave it to our trained and highly experienced real estate lawyers to fight for your rights and ensure your legal and financial rights are not infringed upon. For real estate, check out Siddiqui Law Office and learn more about how our excellent services can help you stay on the right side of the law.