Auckland Property Disputes Lawyers – Some Common Issues They Work On
A common area of dispute that needs legal assistance property or land use issues. Auckland property dispute lawyers are frequently called upon to help sort out these differences of opinion. Some can be complicated while others are a simple misunderstanding. In this article we will look at a few of the more common types of property dispute and how to resolve them.
Boundary Disputes
Perhaps the most common argument in property is about boundary lines. It is not unusual for neighbours to dispute the exact location of the title boundary.
Reasons for Boundary Disputes
A few of the causes of boundary issues include:
- Landscape changes such as after a landslip or an earthquake. Where does the rightful boundary lie after these natural events.?
- Ill-defined boundaries on the title deeds. This is more likely with older titles, especially where there has been an assumption of the boundary which only comes to light with a new owner.
- Arguments over the placement of a new or replaced fence. Has one person or entity attempted to gain some additional land?
Resolving Boundary Disputes
The first attempt at resolution must be between the affected parties. This can save a lot of expense and increasing bitterness over the dispute. However, almost inevitably, the situation will need legal advice to resolve.
The two most common ways to resolve boundary disputes are:
Negotiation between the two sets of lawyers is often the best way forward. They will have seen similar situations before and can advise their respective client on the best course of action. This may be contra to their client’s position but Auckland property dispute lawyers know the law and the likelihood of winning a case.
Mediation is another option. In this situation, if the parties and their lawyers cannot agree on a solution, then they will go to mediation. An independent lawyer will listen to the two parties and try to help them reach an agreement.
Title Disputes
A title dispute is when people or entities disagree about the rightful ownership of land or a property. This may seem an unusual situation given that property has a Title Deed which is reviewed by lawyers at the time of purchase, however, there are plenty of title disputes.
Common Causes of Title Disputes
Fraud is common. This can be if someone forges another person’s signature for example. Similarly, they can be using fake documents to buy the land.
Unrecorded titles is still an ongoing problem despite the Land Registry (LINZ) having a central record of land titles. Some are still not registered with LINZ.
Boundary disputes as noted above can become a title issue if not resolved.
Inheritance issues are surprisingly common. Many wills and estates are challenged by children who feel that they have not been treated fairly by their parents. For example, one sibling might claim that there was a verbal agreement that they would inherit a piece of land.
Unpaid taxes known as liens can be a problem for title transfers or sales. Usually, the lawyers will contact the local council to see how much of the rates has been paid and make a pro rata adjustment in the settlement statement. However, there can be ongoing issues that can cause a problem.
Resolving Title Disputes
Title disputes can become complicated and heated. The four ways of resolving these disputes are:
Negotiation between the two sets of lawyers advising their clients on the best outcome.
Mediation is a voluntary process where a neutral third party helps the parties involved in the dispute come to a resolution.
Litigation is a long and costly process whereby the parties end up in court. It is often called the route of last resort.
Arbitration is when an independent lawyer hears the arguments of both sides and makes a binding decision. In this type of resolution, one or both parties might not agree with the outcome, so negotiation is a preferred option.
Tenant and Landlord Disputes
These can be both residential and commercial. However, residential ones will usually go before the Rent Tribunal.
Commercial disputes can have the common failure to pay the rent, but with commercial lease agreements, there are usually other criteria too.
These can include:
A requirement to refit the property within a specified period, usually five years.
Disputes about maintenance or repairs.
Usage variation such as producing items in a warehouse.
Not leaving the property in the agreed state at the end of the lease term.
Avoiding Commercial Property Disputes
It is relatively easy to avoid these issues if there is a robust lease or rental agreement from the start. For this, each party has to engage a property lawyer to review the document and perhaps negotiate variations in the terms.
Once everything is agreed, and signed, then it should be relatively easy through to the end of the agreement period.
Conclusion
In conclusion, property disputes can be a complex and challenging issue for property owners to navigate. It is essential to understand the different types of disputes that can arise and the legal rights and remedies available to address them.
Boundary disputes are common and can often be resolved through communication and negotiation between neighbors. However, if the dispute cannot be resolved, legal action may be necessary.
Landlord-tenant disputes can be particularly challenging as they involve legal obligations and responsibilities on both sides. It is important for both parties to understand their rights and obligations under the lease agreement and seek legal assistance if necessary.
By understanding the common types of property disputes and seeking legal assistance when necessary, property owners can protect their interests and resolve disputes in a timely and efficient manner.
If you have any situations like the above, McVeagh Fleming is a highly-regarded Auckland property disputes lawyers. You can find more at their website.
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