Many scenarios may require the assistance of a Property Dispute Lawyer.
Whether you own or rent a property, things don’t always run smoothly. Maintaining a property always comes with its challenges along the way. If you ever find yourself in a conflict that involves property there is a legal professional you can count on to help you through a situation like this. Property Dispute Lawyers have the knowledge and expertise to guide you through a property dispute.
Sometimes you may face issues with a volatile neighbour that’s not happy with an arrangement. This could be something to do with the condition of a fence, overhanging trees, or annoying pets just to name a few. If you’re a landlord you may have issues with a tenant who mistreats your property or refuses to pay rent.
A Property Dispute Lawyer is a professional you can trust to help you navigate through legal issues to do with a property. Sometimes it’s valuable legal advice you need or help with legal paperwork that needs to be filled out. Not sure if you need a Property Dispute Lawyer? In this article, we’ll break down four reasons why you should hire a Property Dispute Lawyer.
A misleading property sale
Some property buyers are shocked to find that the property they purchased is not what it seems. It’s only after they move into a property that they realise something is wrong with it. These issues could include pests, dirty house features, or excess dampness from weatherproofing faults.
Sometimes new property owners find that certain features are missing from the last inspection they had of the house. Pieces of furniture or appliances they thought would come with the house are missing. These missing pieces are not only misleading but they also represent additional expenses to the owner they probably didn’t factor in.
Some new property owners don’t realise there’s damage to a house until they move in. There could be broken roof tiles or damaged windows. Hot water systems, heaters, and air conditioners could be faulty and require thousands of dollars for repairs.
After any of these issues are discovered, there isn’t a lot you can do about it. It’s your responsibility to inspect a property thoroughly before purchasing it. Hiring a professional to inspect the house is a great way to safeguard yourself from any disappointment.
If fixtures are missing that were originally included in the contract of sale then you definitely have the right to claim them. If the previous owner cannot provide these fixtures then they must financially compensate you for these. For this scenario, you can hire a Property Dispute Lawyer to handle this entire process of claiming compensation.
Shared property repairs
You may be surprised to learn that parts of your property are shared with your neighbours. When this is the case, you are both responsible for maintaining and repairing this shared property. A common example of this is a fence. If you share a fence with a neighbour then it’s not just one person’s responsibility to maintain it.
You and your neighbour are responsible for taking care of a fence and footing the bill for repairs. Communication between both parties is essential if you’re looking to achieve a fast and fair outcome. If there has been any damage caused to the fence then determine who is responsible. After both parties have agreed to foot the bill then draw up a contract with the repair service provider and a quote to figure out all the exact costs.
If you and your neighbour can’t negotiate who’s responsible for repairs or who should be paying then it may be worth approaching a Property Dispute Lawyer for representation. A Lawyer in this area of expertise can help you negotiate and come up with a fair solution that can suit both parties.
Shared property ownership
Sharing a property with someone can be tricky. Both parties need to be in complete agreement over what they own and what they can do with it. Issues with a shared property tend to arise when both parties can’t agree on who owns what or what they’re permitted to do with it. There are generally three scenarios you could be in when owning a property with someone else:
Sole proprietor
One person is named as the sole owner on the property title.
Tenants in common
Shared ownership of the property is divided between the owners. When one individual passes away, their share of the property passes on to a recipient stated in their will.
Joint tenants
If one property owner passes away, their share automatically passes onto the other owner of the property, giving them 100% ownership. Wills are void in this scenario and is very common with married couples and civil partnerships.
When a shared property arrangement is first established, all parties involved must have a clear understanding of their ownership rights. No one should be signing a contract until they have a full understanding of what they’re getting into. The contract of ownership should be clear, concise, and full of terms that everyone understands.
To help make things run smoothly you should always get a legal professional to review any contract for shared property. Property Lawyers and Property Dispute Lawyers in Melbourne are perfect for reviewing these contracts for you. They can also help you draft up a shared property contract for you in the first place.
Issues with the neighbour
In most cases, we all get along with our neighbours. But every now and then you may get into a dispute with a neighbour that can escalate quickly if not handled correctly. Issues can start off small like an overgrown tree or dog that won’t stop barking every night. If these issues aren’t taken care of straight away they can evolve into much larger ones that can ruin relationships with neighbours.
A common dispute is overgrown plants and trees. A small plant may not seem like an issue now but it can definitely escalate if not handled correctly. For example, a poison ivy plant can quickly grow onto your side of the fence and attach itself to a nearby shed or wall of your house where it can start doing damage.
Overgrown trees from your neighbours can start dropping leaves and debris into your gutters. This excess debris can quickly clog up your gutters and cause roof damage. After extreme weather conditions, branches may snap and fall off into your yard and cause damage to your house.
First off, it’s best to check with your local council to see that there are no historical preservation orders in place for any tree that’s causing issues. Secondly, try and have a conversation with your neighbour before taking any drastic action. If your neighbour’s tree has caused damage to your property then you have every right to hire a Property Dispute Lawyer to help you handle the dispute of who will pay for damages.
How P&B Lawyers can help
Here at P&B Lawyers, our experienced legal professionals can assist you with any legal disputes regarding property disputes. Regardless of which stage you are at with a dispute, we are here to help. Our Property Dispute Lawyers in Melbourne have handled many cases related to contracts of sale, shared ownership, and neighbour disputes.
With the legal team at P&B Lawyers, we’ll ensure your case is thoroughly reviewed and investigated. We’ll work hard to find the best outcome for you to ensure your assets and interests are protected. Contact our team today to discuss your case.