Auckland Property Disputes Lawyer – Four Common Types of Dispute
We tend to think of property disputes being a reality TV show situation. However, an Auckland property disputes lawyer will tell you that this sort of issue is more common than you might think. There are three types of disputes that arise most often.
Boundary disputes.
These conflicts generally develop when there is difference over the interpretation of location of a residential property line. This can happen when a homeowner puts up some fencing or makes various other renovations that intrude upon a next-door neighbour’s land. Boundary disputes can be complicated and typically need the help of a land surveyor to identify the right building lines.
Title Disputes
Title disagreements develop when there is a difference over the who actually owns a building. These disagreements can be intentional issues such as fraud or forging documents, and mistakes such as lodging documents in the public records office.
Landlord and Tenant Disputes
Disputes between landlord and tenant are common, not just residential but commercial too.
For commercial property disputes there are a few frequent ones such as arguments over the terms of the lease. When and how much rent is due, responsibility for maintenance of the property, and refitting the building are common issues. Normally these items are clearly specified in the rental agreement but if the agreement was not drawn up professionally, they can be overlooked or badly worded.
For residential disputes, late payment of the rent is common, but the condition of the building is a big issue. However, few residential disputes will go to an Auckland property dispute lawyer. Instead there is the Tenancy Tribunal.
Easements
When a person or entity is allowed to cross another property that is known as an easement. A few typical easements include:-
- The use of a driveway to access the other property.
- Having wastewater pipes under a neighbour’s land.
- A public right of way across a field.
The disputes commonly arise when the ownership changes of one of the pieces of land. The new owner may not like the easement that is in place, even though it is likely to have been included in the sale documents.
If the new owner tries to stop or change the easement, this will probably end up with land dispute lawyers. The main reason is that the situation becomes emotionally charged making rational discussion very difficult.
The legal reason is that the wording of contracts, the type of easement, and the laws relating to them, are complex. They can be a challenge even for experienced lawyers to resolve.
Resolving Property Disputes
The first step, if an amicable resolution cannot be reached, is for each party to contact a lawyer with experience in property disputes.
That party’s lawyer will review the situation and make a recommendation to their client.
Sometimes, they might recommend accepting the situation as they will not be able to win if the case goes to court. They might also suggest that if it is a minor inconvenience, then accepting the status quo will save a lot of money in legal fees for a relatively small gain in usage of the land.
Summing Up – Auckland Property Disputes Lawyer
Disputes over land are commonplace. From a simple misplacement of a boundary fence to an intentional attempt to takeover a piece of land. Given the intricacies of the Acts relating to property ownership, it is strongly advised that people seek sound legal advice.
For people in the area, McVeagh Fleming is a well-regarded Auckland property disputes lawyer.