How to Settle A Property Dispute

Northbrook Attorney, Real Estate

Property conflicts are undesirable. Most property owners and tenants would rather avoid it, whether it concerns their residing on a property or erecting a new structure. Unfortunately, disputes frequently arise. It may be regarding who is the rightful owner of a plot of land, whether a landlord or tenant was upholding their end of a lease, or who is responsible for paying for the damage done. If you suspect a property dispute is underway, you should be ready to invest a lot of time in research, paperwork, and meetings with attorneys. Fortunately, with an expert real estate attorney, you can expect to avoid an extended and resource-consuming court battle.

What to Do When in A Property Dispute

You will need to take immediate action if you find yourself in a property dispute. Ideally, you should be able to get in conversation with the other party to reach a resolution that does not require court appearances. This is because, sometimes, issues can be solved by simply talking through a misunderstanding. But if you cannot talk the problem out in person, litigation might be necessary. In some cases, property disputes are so complex that litigation is unavoidable. Continue reading to find the steps we advise to be taken if you cannot easily resolve the property dispute on your own:

  • Compile Necessary Information about the Dispute

Whatever the property dispute may be about, you will need to find facts and gather all essential information that may help your case. This information is pertinent to convincing the court that your rights have been infringed upon. If the property dispute is about damages, take pictures of the damage. If it concerns ownership, you will need to find all appropriate documents. A detailed and thorough title search on your property will help you gather relevant documents. In cases involving value and sales, an appraisal may be required to establish the market value of your property. This appraisal should also be documented so you can present it to court. You may already have these documents, but it is essential to review them before going to court.

  • Find An Expert Real Estate Attorney

Your choice of real estate attorney should be a lawyer with experience handling property disputes. Getting a skilled one is essential to increasing your chances of winning the litigation. In finding a property dispute attorney, you should do more than a Google search. Personalized recommendations are preferable, but ensure that you consider more than two options, rating them on their knowledge and expertise and their suitability for cases like yours in particular. Discussing with your selected attorneys will reveal which is more ideal for you.

You should note that property disputes are not always covered by title insurance. But if you have title insurance, you may be able to get legal aid and counsel if a boundary dispute arises. Title insurance is a safeguard measure and that is why we advise our clients to get title insurance, as it ensures that your title is free and clear, which lowers the likelihood of an expensive title dispute.

Need legal representation in a property dispute? Reach out to our expert real estate attorneys here.