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Property Disputes: Common Causes and How to Prevent Them

14, Aug 2023
Property Disputes: Common Causes and How to Prevent Them

In modern-day real estate, ownership, and rights are closely intertwined. In such situations, property disputes can escalate into complex legal battles in the blink of an eye. The ultimate result of these conflicts is excessive stress, financial stress, and strained relationships.

Whether the conflict stems from a disputed family land or commercial real estate, the consequences can be far-reaching that does not only affect one particular individual but also the broader community involved. To navigate this treacherous terrain, it’s crucial to grasp the common causes of property disputes and arm yourself with some proactive strategies to avoid getting into such situations.

This blog will bring to you some of the key issues that eventually result in legal real estate disputes, provide you with actionable insights to steer clear of such conflicts, and how Share Samadhan can help you during these difficult times.

Common Causes of Property Disputes

  1. Boundary Disputes – In India, boundary disputes are arguably one of the most common triggers for property disputes. In the simplest terms, these conflicts arise when neighbors cannot agree upon where one property ends and the other begins. Confusion or disagreements about property lines, and encroachments can spark heated debates which can then stretch to spending hours at the court.

    The root cause of this issue is a lack of accurate property surveys or inconsistent property descriptions. To prevent these conflicts in the future, it is important to have precise property measurements and clear boundary markings.

     

  2. Landlord / Tenant Conflicts – Property disputes need not arise between two owners. Landlords and tenants getting involved in legal battles have become a common phenomenon. These disagreements are generally based upon, security deposits, rent, property maintenance, or eviction practices.

    These conflicts take place in the first place due to misunderstandings or ambiguous lease agreements. To avoid such disputes, it is the responsibility of both the landlord and the tenant to ensure that lease agreements address all potential points that could later lead to conflict and minimize the scope of ambiguity.

     

  3. Title Disputes – Conflicting claims to ownership and rights over property are the leading causes of title disputes. Title disputes are quite common in India with a complex family structure. These disputes escalate when property ownership records are unclear and if there are competing claims from multiple different individuals.

    Inheritance related to ancestral properties is often tied up in title disputes as they often create an intricate legal puzzle for courts to solve. Ensuring proper documentation and thorough title search can help avoid title-related conflicts.

     

  4. Adverse Possession Claims – Adverse possession claims occur when a person claims ownership of a property by occupying the land without the consent of the owner. Such disputes are often seen in the rural parts of India where the owners of the land live in faraway urban establishments.

    To prevent such claims, property owners should regularly inspect and protect their properties from unauthorized occupation.

     

  5. Construction and Development Disputes – A piece of real estate can become disputed even during its development phase. Property development projects can lead to disputes among developers, neighboring property owners, and contracts on the grounds of dust, property damage, and noise.

    While these matters are often solved by cooperation; proper communication with neighbors and adhering to construction regulations come in handy during such times.

Preventing Property Disputes: Practical Steps

  1. Accurate Property Surveys – Engaging professional surveyors to conduct accurate property surveys can help identify and resolve boundary-related issues before they escalate into disputes. Property surveys provide accurate measurements and boundaries, reducing the chances of disagreements between neighboring property owners.

     

  2. Clear Documentation – The most convenient way to avoid any sort of property dispute is to ensure all property-related transactions are documented clearly. These documents include lease agreements, purchase agreements, and any other legal contracts associated with the property.

    Clear documentation helps in avoiding misunderstandings and provides a reference point in case of disputes.

     

  3. Legal Consultation – When dealing with family property disputes or any other real estate-related disputes, seeking legal counsel early on can help prevent further misunderstandings and provide clarity on legal rights. Your legal experts can assist you in reviewing titles, agreements, and other documents to identify potential issues and devise the best way forward.

     

  4. Due Diligence – In the realm of real estate, this goes without saying. Before putting pen to paper, it is a must to conduct in-depth due diligence verifying the property’s title, and ownership history, and detecting any ownership claims that might arise in the future.

    Performing this step diligently can help you avoid investing in a property infested with legal complications and family disputes. Consult with legal experts and obtain property records to have some more clarity on the legal status of the land.

     

  5. Property Insurance – Land-related disputes can stretch for a long period and dent your financial situation. During such situations, it is wise to have adequate property insurance. They provide financial protection in case of land disputes on the grounds of damage caused by neighboring properties or property title disputes.

    Moreover, look to review your insurance at regular intervals to ensure that it aligns with your property’s requirements.

     

  6. Regular Communication – In today’s world, half of the problems arise from a lack of proper communication. It has been observed that open lines of communication between property owners and neighbors or tenants can prevent any misunderstanding from escalating into a legal dispute.

    If these concerns can be addressed promptly, there might be no reason to go to the courts back and forth.

Share Samadhan: Your Partner in Property Resolution

In an era infested with land-related disputes and conflicts at every turn, having a reputed firm by your side can make all the difference while making informed decisions. Our team at Share Samadhan excels in guiding individuals and families through the intricate landscape of real estate disputes.

Whether you are going through a family land dispute, or construction-related conflicts, or land ownership disputes, our legal team offers you the most practical solutions to help resolve disputes amicably.

Our solutions are tailored to your situation with our main goal of minimizing the financial and mental stress you face during any conflict.

Final Word

To conclude, property disputes are generally seen as financially straining but we often overlook how they are emotionally stressful as well. These conflicts do not only impact one individual but entire communities involved. During these difficult times, understanding the common cause of disputes and taking proactive steps can prevent the conflicts from escalating.

Remember, a little foresight and the right guidance is all it takes to stop a conflict from turning into a legal dispute. When it comes to such disputes, Share Samadhan stands by you as your trusted partner ready to assist you in finding the most equitable solutions to preserve your peace of mind at all times.

In the realm of real estate, addressing potential issues early on and seeking professional assistance when required can considerably minimize the risk of property disputes and ensure a smooth real estate journey.

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