20 Common Property Law Disputes and How to Resolve Them

1. Boundary Disputes

Definition: Dispute over the exact location of property boundaries.

Solution: Engage a professional surveyor, examine property deeds, or negotiate with neighbors to agree on a solution.

2. Easement Conflicts

Definition: Dispute over the right to use someone else’s land for access or utilities.

Solution: Review the easement agreement, negotiate alternative terms, or seek court clarification.

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3. Encroachments

Definition: When a structure intrudes onto a neighbor’s property.

Solution: Mediation, legal agreements for use, or court-ordered removal.

4. Zoning Problems

Description: Local zoning law infractions or conflicts.

Resolution: Seek variances, negotiate with zoning boards, or comply with the regulations.

5. Landlord-Tenant Conflicts

Description: The unpaid rent, property damage, or lease infringement.

Resolution: Study the lease agreement, mediate, or resort to the eviction process as a last course of action.

6. Adverse Possession Claims

Description: A dispute in which one party claims rights of ownership on account of lengthy use.

Resolution: Study use history of property and seek an attorney for a filing or a defense claim.

7. Co-Ownership Disputes

Description: Disputes between co-owners regarding the use or sale of property.

Resolution: Write clear agreements or obtain court orders for partition.

8. HOA Violations

Description: Disputes over HOA rules or fees.

Resolution: Review HOA bylaws, attend hearings, or seek legal mediation.

9. Water Rights Disputes

Description: Disputes over access to or use of water sources.

Resolution: Research water rights laws and negotiate terms.

10. Property Damage

Description: Liability disputes over natural events or negligence.

Resolution: Insurance claims, negotiation, or lawsuits.

11. Noise Complaint

Description: Excessive noise coming from neighbor’s properties.

Resolution: File complaints, seek mediation, or involve local authorities.

12. Title Disputes

Description: Issues over property ownership due to unclear or disputed titles

Resolution: Title search or litigation to determine the owner.

13. Shared Driveways

Description: Conflict over sharing costs of maintenance or accessing driveways.

Resolution: Create written agreements or involve neutral mediators.

14. Nuisance Claims

Description: Issues with activities or conditions that interfere with property enjoyment.

Resolution: Document nuisances, request remedies, or pursue legal action.

15. Property Sale Disputes

Description: Disagreements during or after the sale of property.

Resolution: Adhere to purchase agreements, mediate, or seek legal remedies.

16. Fence Placement

Description: Disputes over fence location or responsibility for costs.

Resolution: Survey property lines and agree on maintenance responsibilities.

17. Foreclosure Issues

Description: Disputes regarding foreclosure procedures or prevention.

Solution: Negotiate repayment plans, seek loan modifications, or dispute in court.

18. Leasehold Disputes

Description: Conflicts regarding lease terms in commercial properties.

Solution: Negotiate lease amendments or settle through arbitration.

19. Inheritance Disputes

Description: Conflicts regarding property distribution among heirs.

Solution: Refer to wills, seek mediation, or involve probate courts.

20. Eminent Domain

Description: Conflicts regarding government taking private property for public use.

Solution: Challenge the validity of the taking or negotiate fair compensation.

General Resolution Strategies

Communication: Open communication often prevents escalation.

Mediation/Arbitration: Neutral third parties can help achieve mutually acceptable solutions.

Legal Counsel: Attorneys specializing in property law provide guidance and representation.

Documentation: Maintain thorough records of property transactions, agreements, and communications.

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