Real estate disputes can cause a lot of tension among property owners. Below are three common issues that can lead to real estate litigation.
1. Problems with deeds
Neighbors may argue about boundary lines. A fence may be in the wrong place or a desire to expand a building may lead to a dispute about the location of the boundary line.
In some cases, a property survey can help to determine the boundaries. In others, the deed may not provide clear guidance. This could lead to a quiet title lawsuit. This type of lawsuit essentially asks a judge to rule on the boundary lines.
2. Breach of contract
In a breach of contract, one party may accuse the other of failing to follow the agreed upon contract. This could include allegations of failure to abide by mortgage contingencies, inspection contingencies or other provisions.
It is not uncommon for two property owners to need an easement. Easements are legal agreements that essentially allow one property owner to use another’s property.
A common example is a property owning building their driveway on a neighboring piece of property that belongs to someone else if their own piece property is not otherwise accessible by car. In these types of cases, disputes can arise involving use of the driveway as well as who should repair or maintain the land it’s on.
Options for settling disputes
Recently, some Arizona courts have increasingly encouraged those with a real estate dispute to consider mediation and arbitration. These alternative dispute resolution options can prove a viable alternative to litigation when it comes to real estate disagreements. Both choices can result in a more efficient process to reach a resolution, saving property owners time and money. However, if arbitration or mediation fail, litigation is still available.
Those who are facing a real estate dispute should consider all options to better ensure their rights and legal remedies are protected.