The acquisition and protection of property is a primary concern for people in every nation. Conflicts over ownership of property are commonplace. There are many outstanding property cases in Indian courts, even though the legal system is designed to safeguard citizens’ rights.
Such disagreements are typically resolved through family mediation or litigation. The technique is time-consuming and costly. The ownership of a property and the sale and purchase of that property generally are at the centre of any property dispute.
What exactly are property disputes?
A property dispute is a type of legal dispute that arises out of the ownership or use of real estate. Common causes of property conflicts include disagreements over property lines (boundaries disputes), responsibility for construction repairs, obstructed views, ownership, legality, zoning problems, and responsibility for property damage.
Property disputes can involve any piece of land, from single-family homes and apartment buildings to undeveloped land and public thoroughfares.
Causes of property disputes
Several distinct categories of property disputes exist. The title to the real estate typically becomes a point of contention. If someone “has good title over the property,” they have the legal right to use the land as they choose, collect rent, sell the property, build on it, etc. You need legitimate paperwork to prove you own the property.
Property conflicts can stem from several sources, including claims by heirs or co-owners, disagreements over easement rights, misrepresentation on the seller’s part, an inaccurate description of the property in the title deed, etc.
After receiving the earnest or advance money, a party to the deal may refuse to perform his part of the contract and instead seek another buyer and collect consideration from him, leading to a dispute.
The original buyer can file a lawsuit challenging your property ownership claim. Disputes may also arise if the developers take too long to hand over possession of the units to the buyers.
How to resolve a property dispute?
Property conflicts can be resolved amicably through discussion, compromise, or the legal system. Some methods are outlined below for avoiding or settling a property dispute:
Put up signage or build a barrier: If you live somewhere with a lot of open space, fencing it off or affixing a sign reading “private property” can be helpful. In time, these areas could get infringed upon. Trespassers can only enter your land with your knowledge if you put up tags or a fence. Disputes would be less likely to arise as a result of this.
Find a land surveyor in your area: A land surveyor’s expertise will greatly improve your understanding of property lines. A land surveyor can determine the precise boundary between your properties avoid any potential disagreements with your neighbour.
What can be done about a property dispute in family?
Family disputes may arise when it comes time to pass on assets traditionally held by the parents. Self-acquired and inherited properties have different legal implications because of how they were acquired.
Different legal protections apply to the two varieties of property. Significant distinctions exist between the sale and transfer of personal and real property. Knowing what can and cannot be done with these items lawfully.
When one does, the question of what to do about a property dispute arises. There are two main strategies to resolve a property dispute in a family. The settlement, also known as mutual agreement and discussion, is an alternative to litigation, which is taking the matter to court.
Mutual Settlement in Family : Open communication and negotiation are the greatest way to settle a disagreement about the property. Overall, things stay straightforward if families can discuss it and agree on who the heirs are. When compromise fails, the matter must be settled in a court of law. If the law is on your side, going to court will help you get what you want, but it will take time and money.
Litigation in Court :Engaging in litigation is to go to court and ask for a ruling on a property dispute. This is time-consuming because both sides try to persuade the judge to rule in their favour. It will therefore require a significant investment of both of yours. Numerous lawsuits involving disagreements over property are currently ongoing in courts across India.
Reasons to Seek Legal Counsel Regarding Property Dispute
Numerous statutes regulate property. These statutes aid in transferring property ownership from one entity to another by clearly defining property ownership. It’s important to note that different laws apply in various contexts. You should know the laws that apply to your property and assess whether or not you comply with them.
Consultation with an attorney specialising in property law should improve your familiarity with applicable regulations. A lawyer can foresee problems that may occur later on if certain precautions are not taken today. It’s smart to get legal advice before making any moves if you own property.
Property disputes are prevalent, and their resolution is sometimes difficult and time-consuming. Property disputes can be difficult to resolve, but they can be resolved fairly and equitably with the correct attitude and a determination to find a solution.
Mediation, bringing a civil complaint in court, and alternative conflict resolution procedures like arbitration and conciliation are all viable options for settling property-related disagreements out of court.