A legal issue involving real estate is referred to as a property dispute, which may require a litigation lawyer in Singapore. The word property conflict encompasses a vast variety of potential disputes over a wide range of properties, even though it may seem rather straightforward. The real estate at issue might be anything from a vacant lot to a house, deck, condo, mobile home, pond, driveway, and other potential real estate features.
Small or large-scale property disputes sometimes compromise the marketability of a title. For instance, a property dispute can develop if a new home builder unintentionally installs a concrete driveway for a brand-new house that extends six inches onto the neighbor’s land. This is a minor problem, but if it is not fixed it might develop into something bigger in the future.
Who may take part in a property conflict?
Anyone with an interest in the real estate at issue may get involved in a property dispute. For instance, most real estate conflicts in some way include the property owner, but they might also involve:
- Neighbors
- Tenants and landlords
- Residence Associations
- Families of Intruders
- Developers and Builders
- Governmental Institutions
- Municipalities
Cities and municipalities may have a role in a property dispute, and this might be crucial to remember. Cities have the right to hold land, and frequently have organizations that control the environment or grant development licenses.
Eminent domain disputes, in which the government has the authority to seize and utilize the land for public reasons, are frequently present in property disputes involving cities or towns.
What are a few typical property dispute types?
Property conflicts can range in size from minor to huge, and their severity can change, which can be resolved with a civil litigation lawyer in Singapore.
Typical property conflicts can arise from:
Boundary Conflicts:
It may entail disputes between neighbors over where a property border should be.
Tenant-Landlord Conflicts:
It might occasionally entail a disagreement on who is liable for repairs or damage to the property, whether there was enough damage for the landlord to keep the tenant’s security deposit or problems with eviction from a property.
Zoning Problems:
This entails finding out if the property is being used for the same purpose for which it was designated, finding out what zoning regulations the municipality has in place, and determining whether the owner has to get a variance from the town.
Responsibilities of the homeowner association:
It may raise concerns about whether the HOA is in charge of maintaining and caring for particular aspects of the area.
Easements for utilities:
There are situations when property owners are unaware of the existence or location of utility easements on their land.
Ownership Conflicts:
It calls into question who truly owns a piece of land.
Most frequently, a border conflict comes to mind when we think of a property dispute. For instance, a homeowner can unintentionally cross the property boundary when installing a fence in their backyard and end up in the neighbor’s yard. Who owns the tree if there is one between two houses and one of the neighbors wants to chop branches that are arching over her roof?
Having a thorough survey done on the property may frequently help settle boundary issues, especially if you’re going to install a fence. Other property conflicts can become more difficult, especially if ownership questions start to arise.
Cloud Title Explained:
A “cloud” on the title, in general, refers to any irregularity or unresolved claim in the property’s chain of title. A claim that hasn’t been settled, a lien, or a similar encumbrance on the property usually indicates that ownership cannot be transferred from one party to another. Usually, title searches on the property turn up any clouds on the title.
For instance, a valid concern over correct ownership may have an immediate effect on a forthcoming transaction; if the person that signed the contract to sell the property does not own it, they have no right to sell!
An experienced real estate lawyer can investigate the chain of title in the county records and decide whether corrective documents need to be prepared and filed with the county or whether a quiet title lawsuit should be started to resolve the issue. This serious cloud on title is best handled with the assistance of an experienced real estate lawyer.
There may be lesser clouds in the title. You may remove an IRS tax lien by paying any back taxes you owe, and you can do this with or without an attorney’s help.
Other things like HOA covenants, zoning regulations, and registered easements may be listed as clouds on title by some, although they don’t always have an impact on the transfer of ownership. Even though they have an impact on the property, purchasers should be made aware of them since they may limit how they utilize the space.
What legal options exist for property conflicts?
The type of issue and the state where the property is located are frequently factors in property dispute remedies. Injunctions, judicial sales, monetary damages, and quiet title lawsuits are examples of potential remedies.
You can ask the court for an injunction if you want to prevent your neighbor from doing something with their land, such as burning rubbish or erecting a fence in jest. An injunction, also known as a cease-and-desist order, is a court order that directs a person to carry out or refrain from carrying out a certain activity.
In rare circumstances, the court may decide to resolve the issue by holding a judicial auction of the property. When a homeowner has neglected to make mortgage payments, foreclosure scenarios are the most frequent ones when this occurs.
When co-owners of a property decide they no longer wish to be co-owners, the judicial sale also happens in partition cases. In a partition case, the court may decide to sell the property and divide the revenues among the co-owners following their respective percentages of ownership.
Money damages are meant to make up for any losses you could incur as a result of the property dispute. If a new house builder, for instance, pours a concrete driveway six inches over the property line onto the neighbor’s land, and you have to spend money to have the driveway dug up and fixed, the court can order the builder to pay monetary damages.
Or, for example, if a neighbor chops down one of your trees, you could be entitled to financial compensation according to the tree’s worth.
Do I need legal counsel if I have a property conflict?
Depending on how the property dispute is structured. Sometimes a disagreement may be overcome by just speaking with your neighbor and keeping up a positive connection. Small disagreements may often be resolved amicably with respect and politeness. You may talk about that choice with an attorney if it gets to the point where you believe that a demand letter is required
However, there are some circumstances when it’s crucial to speak with a knowledgeable real estate lawyer immediately and quickly, particularly if someone is attempting to claim ownership of your home or there is a true problem with the property’s title.
Depending on the state you are in, property rules can differ significantly, therefore it is very beneficial to speak with a local attorney who is familiar with how property laws operate in your community.
A local real estate lawyer can discuss the problem with you, look into the property’s public records, and offer you the best guidance on how this impacts your property and how to proceed.
Also Read: The Benefits Of Hiring A Criminal Lawyer
