Property disputes can become very contentious, very quickly. In the United States, these types of situations quickly turn into lengthy and costly legal battles.
The best way to deal with property disputes is often to try to keep them from happening in the first place. However, if the dispute is unavoidable and every effort has been made to avoid litigation, then going to court may be the last resort.
Ways that things can go wrong
The ways in which property disputes can arise are numerous. Below are five of the most common areas of dispute that can lead to legal battles over real estate:
- Breach Of Contract: When one party or the other does not uphold their part of the agreement, this is known as a breach of contract. This can involve rental and purchase agreements alike.
- Fraud: When either party of a real estate contract falsely represents or withholds information, it can be considered fraud. This could involve anything from lying on a mortgage application to misrepresenting ownership rights.
- Boundary Issues: Boundary issues are common disputes among landowners. Sometimes, this is caused by the boundaries not being clearly registered or the property owner being mistaken about their property lines.
- Co-Owner Disputes: When properties are owned by more than one person, sometimes disputes ensue. Conflicts between joint tenants, co-owners or partners can result in liens or lawsuits.
- Specific Performance Disputes: Specific performance property disputes attempt to force the other party to do what was promised (fulfilling their contract). In real estate, this commonly means forcing a buyer or seller to go through with a deal.
The above common disputes do not necessarily require a lawsuit. There are many options available that do not include going to court, such as mediation. If involved in a complicated legal dispute over property in New York, it is important to begin the process of educating yourself on New York property and real estate laws so you can make informed decisions about your case.