Common Types of Real Estate Disputes
There are many cases where real estate disputes cannot be easily resolved between the two parties in opposition. It’s a difficult spot to be in, and litigation support is often needed to efficiently prepare before heading into the courtroom. It’s important to understand the different types of legal issues that may ensue when a resolution is delayed or when initial mediation is out of the question. These issues can arise in just about any situation – however some more often than others. Take a look below at some of the common types of real estate disputes that occur near you and around the country every day.
Types of Real Estate Disputes
Real estate disputes can be quite overwhelming when legal action is taken. These disputes are often handled under the supervision of a higher authority in result of obvious disagreements. The following will describe the common types of real estate disputes that are often aided by litigation support services.
Real estate disputes may occur in the event of a title issue that shows discrepancies and irregularities in the property’s history or current standing. Title issues usually encompass a direct defect related to lawful ownership of the property. This in turn would prevent a potential transaction from being finalized.
Easement disputes are another common type of real estate litigation that often needs to be settled with third-party hearings. These issues occur when an individual believes they’re rightfully allowed to use another’s property for an intended purpose. The obvious problem here is that the other neighbor does not believe anyone has the right to use his or her property on any scale. Confusion and disagreement often ensue even if this act is detailed as lawful on a written document. Mediation will be needed to help settle this real estate dispute and reveal the truth of said documentation.
A purchase agreement highlights the terms and conditions that relate to the real estate up for sale. This creates a legal contract when these terms are ultimately agreed upon. In some cases however, purchase agreements that are expected to be signed – and aren’t – can lead to unforeseen negotiation disputes. This may occur in the event of property arguments regarding boundaries, pricing, and the physical structure of a building, which delay the sale and handover of ownership.
Breach of Contract
Contracts are binding and it’s through these means that certify the legitimacy of a real estate transaction. This paperwork showcases the ownership change and mutual promises that were agreed upon. A breach of contract occurs when one party refuses or fails to uphold any aspect of the signed document.
Landlord and Tenant Disagreements
One of the most common real estate disputes occurs directly between the landlord and tenant. Disagreements can occur at any stage of the leasing process whether it’s regarding legal discrepancies at initial signing or an eviction filing down the line. Each party has rights that protect their assets and financial well-being within the lease agreement, however litigation support is often contacted to settle the issues that may arise within the fine print.
Zoning issues can become problematic even if a building is structurally sound with no negative write-ups. These disputes may materialize in the event a zoning authority discovers an activity that cannot be conducted in specific areas. Certain businesses are not allowed to operate in certain locations of a town or city, and real estate litigation may ensue when these specifics aren’t originally discussed with a landlord for example.
Commercial Lease Agreements
Businesses often opt to rent their location of operation instead of purchasing the space in full. This will result in a lease agreement with a property owner, technically making the business the tenant. Litigation matters can follow when disputes concerning the terms of the lease, duty to repair, or early termination situations arise. Clarifications will be made with the lease in hand to resolve the issue.
Real Estate Litigation Services in New Jersey
The inability to come to terms outside of a legal proceeding will require professional assistance throughout the real estate litigation process. Seeking a third-party consultant to help with your litigation matters is a “make or break” decision that will determine the success of your legal dispute. A hesitant compromise may not always be a bad approach given your circumstances.
Learn your legal rights and improve your position against the opposition with experienced assistance from Value Research Group to capitalize on the advantages of a beneficial outcome. If you’re seeking litigation support in New Jersey for your real estate dispute, contact VRG today at 973-422-9800. Our staff of analysts and consultants will be happy to assist you with any of your real estate litigation needs. Feel free to learn more about Value Research Group by viewing our news and blog for additional information!