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Property Disputes

Owning property is a significant milestone. In an ideal world, you would get along with all of your neighbors. However, land disputes between neighbors occur every day. In addition to land disputes with neighbors, land disputes may also arise from issues related to the purchase of real estate. If a dispute arises that cannot be easily resolved, you need to know your options and the best ways to protect yourself and your property. The team at Wright & Associates is experienced in helping to determine the best next steps for your unique situation.

The first step in resolving any real estate issue is to understand its source. Property disputes can arise in many situations, but there are common origins among many disputes.

Encroachment / Boundary Disputes

Boundary line disputes occur when neighbors disagree about where the property line is. A common dispute among neighbors is when someone builds something that encroaches onto the neighboring property. For example, suppose your neighbor constructs a shed that comes 6 feet onto your property line. Resolving these types of disputes will likely require hiring a surveyor to check the existing property lines to determine if there is, in fact, an encroachment. The team at Wright & Associates can help you determine what steps need to be taken to ensure that you receive the full value of your property.

Adverse Possession

If someone uses property they do not legally own for a period of at least 21 years, they may have a claim to the property through a process called adverse possession. Many legal requirements need to be met to have a valid adverse possession claim. The team at Wright & Associates can help determine if you have an adverse possession claim and file a lawsuit on your behalf to obtain legal ownership of the property. We can also help determine if you have a defense to someone claiming your property through adverse possession.

Breach of Contract

When someone does not perform their end of a real estate contract, the other party can pursue damages for their losses. For example, if a tenant fails to follow the rules outlined on a lease or a homebuyer does not pay the agreed price to the seller, they may be found in breach of contract under the law.

Regardless of your situation, the team at Wright & Associates is here to listen to your issue and help guide you through the steps necessary to try and resolve your dispute. Give us a call today to discuss your situation.

Real Estate Fraud

Real estate fraud happens when a party intentionally misleads another party in order to get more money or another desired resource out of a negotiation.

Specific Performance

A specific performance property dispute can arise when one of the parties to a real estate contract does not perform an agreed-upon material term. The court may grant specific performance to force the party in breach to do what they promised as opposed to attempting to resolve the dispute with money.

Failure to disclose defects in a real estate purchase

Buying a home is a huge deal. In Ohio, home sellers must disclose certain defects that the seller knew about at the time of the sale. If you believe that a seller failed to disclose a defect, you should contact an attorney to discuss whether your case has merit and what options are available to you.

Tree Disputes

When a tree is on a boundary line between two properties, both neighbors have an ownership interest in the tree. What about the branches that hang over your property from a tree owned by a neighboring property? What if your neighbor’s tree falls onto your property resulting in damage to your property? Property disputes can arise in all of these situations. If you find yourself in a dispute related to a tree, give the team at Wright & Associates a call to discuss your options.

Miniral Rights Disputes

Did you know that even though you own a piece of real estate, someone else might own the oil, gas, and mineral rights beneath the piece of real estate? In order to determine who owns the mineral rights beneath a piece of real estate, an oil and gas title search will likely need to be performed. If a title search determines that someone else owns the oil and gas rights beneath your real estate, there may be options available to you to reunite the oil and gas rights with the surface rights. Alternatively, if you own oil and gas rights beneath a piece of property and a landowner disputes your ownership, we can help determine what options are available to you. The team at Wright & Associates can help you understand what, if any, rights you own below the surface of a piece of property. Give us a call today to discuss your options.

HOW TO HANDLE A PROPERTY DISPUTE

What should you do if you find yourself facing a property dispute? Below are some steps to consider:

Step 1 – Get Legal Guidance

If you have a property dispute with another party, the first step is to seek the help of a property dispute lawyer. A lawyer will help you understand your rights and how Ohio’s laws apply.

Step 2 – Stay Amicable

Property disputes can create a history of hard feelings between you and the other party, mainly if you’re arguing with a neighbor about a property line. Try to keep the relationship amicable, rather than making your frustration the center of the case. Remember, after you agree, you’re still going to have that neighbor in your life, so keep your anger in check.

Step 3 – Hire a Surveyor

Though it is an added expense, a surveyor is going to be the right person in a property line dispute to give you accurate information about where your line is and whether anyone is encroaching onto your property. This also gives you documentation to use in your claim should you need to file a lawsuit.

Step 4 – Talk to the Other Party

If your disagreement is with your neighbor, try to have a friendly conversation and see if you can reach an agreement without the expense of filing a lawsuit. Keep the conversation civil. You will know quickly if you are going to be able to find a solution. If the relationship is not civil, consider hiring a mediator. A mediator is a neutral third party that can help you resolve the problem without going to court.

Step 5 – Send a Letter

If the above steps do not work, then it’s time to have your attorney send an official letter. This will show that you intend to pursue legal action and give the neighbor or other party one more chance to settle the dispute amicably. In certain situations, such as when it is evident that the other party is not going to cooperate, a letter may not be constructive.

Step 6 – File a Lawsuit

If your lawyer agrees that your case has merit, and the other party is not willing to compromise, then it’s time to consider a lawsuit. This should only be considered as a last resort. You will need the help of a property dispute lawyer to file the suit on your behalf.