Five Most Common Property Disputes and Ways to Avoid Them

There are many cases pending in the civil court and 2/3rd of them are related to real estate disputes. Wars over wealth, especially land continue for decades amongst all from rags to riches.

Property ownership dispute resolution
Most of the time real estate holders are challenged by the third parties or the ulterior ones. These disputes eat away a lot of time and they also cost a lot.

Property disputes that are mostly faced by people are majorly because of getting less share of the property; this mostly occurs in case of inheritance. Other reasons for land disputes may be due to acquisition of land forcefully or by forgery or any other erroneous ways.

Five Most Common Property Disputes

1. Entitlement

More than half of landholders fight over the entitlement of the property. Title refers to ownership rights to a property.

Owning a clear and marketable title of a property is remarkably essential for the enjoyment of rights in that property without any interference of the third-party. Sometimes co-owners don’t accept the amount paid towards their shares, many times it also happens that lands acquired as gift for under a will also face disputes as the third party claims their ownership rights.

Sometimes vendors play fraud on their customers by not providing them required details of the property. The buyer pays in advance and later gets to see that the land was on the restricted acquisition. The vendor in such cases are fraudulent characters with fake identities claiming to be legal. In such cases title cannot be given to the buyer as an and was restricted.

2. Delays in possessions

Delay in possession means taking time to deliver the possession of property. It can have a lot of reasons to delay possession such as delay in procuring regulatory and authoritative compliances. Not only this but delays can also occur due to disputes over a land complaints against buyers to extort money, lack of funds and investors or developers of project not obtaining consent from the society or landowner.

All such reasons gradually lead to a dispute in the court of law and further delay. Delays also occur as builders face challenges in sourcing funds and lack of sufficient funds to the developer stands as a challenge for them.

3. Rent payments by housing members of society

Developer is an individual who builds a housing society under an obligation of providing temporary accommodation / rent to the members of the housing society till a new building society is constructed. However, if at sometimes some sort of financial crisis or delays in compliance occurs then the builder is under great burden of paying interest on money.

In such cases the builder fails to pay rent to the members of the housing society so eventually the members can Sue the developer against land disputes.

4. Property of inheritance

This is the most common land dispute heard in every other family where the inheritors fight over a single piece of land owned by their successors. When the Predecessor owner of property dies and has made a will for the distribution of the property or assets, then the distribution has to be made according to that. However, if in case a will is not made due to lack of awareness or untimely death, then dispute among the inheritors arises.

Any legal heir not receiving his share to his entitlement sues the other heirs to obtain their rights on the property.

5. Fraudulent sellers

Scams and frauds know no boundaries, even in real estate dealings frauds are committed. Estate agents play fraud on buyers by interpolating the documents of properties which are not genuinely related to a property. Such disputes may also get recorded as criminal complaints.

However, these disputes can be avoided by adopting following measures:

  • Hiring a legal expert can help you in getting out of forgery in real estate properties. McMahon Fearnley Lawyers offer best legal practitioners and lawyers to resolve your land disputes.
  • Get the details of the developer such as his debt ratio ,exposure to risk factors, history of his construction projects etc.
  • Always check whether the seller is entitled to sell a property by appropriate means or not.

Land owning in any part of the countries is to be done very carefully so as to not fall into such traps.


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