Property related litigations take up a large amount of cases in the judicial system, and can arise because of a wide range of problems. These can be due to claims from co-owners, disputes over easement rights, improper descriptions of the property, or people refusing to live up to their part of the contract. With respect to an inherited property, disputes can also arise.
When problems occur, its best to deal with them straight away. Due to the wide range of ways that property disputes can occur, it is really important to know how to avoid property disputes, and also how to minimise the risks involved when dealing with property.
Keep a Diary
Keeping note of events as they happen is important when dealing with property, and may come in very handy as evidence if court proceedings are needed at any stage. It’s always best to secure something in writing, so if anything does turn sour and you are required to go to court, you have evidence of events in a material form.
Consider Inheritance
When investing in an inherited property, ensure that the name of the beneficiary is accurate in relation to the relevant government or revenue records, depending on the nature of the property. A good corporate solicitors is a vital aspect of owning property. Ensure that there is proof of inheritance, e.g. a will or probate. In case there is no will, ensure that the property was distributed accurately as per the applicable laws.
Conduct a Title Search
Before purchasing a property, conduct a thorough verification of the documents of the property for the last few decades. This should be conducted by a reputable investigator, to ensure that the property is legally clear. Another way to do this is to see if it has been approved by leading banks. Also, make sure to check that the property is not mortgaged.
Deed Information and Municipal Approvals
Make sure that all of the information on the deed is correct. It is advisable to have this all checked, making sure that the date of transfer of title documents matches the date on the stamp papers. It is also vital for the property plan to have all the requisite approvals, and that any licenses, if required, have been obtained from the appropriate departments.
Avoid Valuation Disputes
Valuation disputes are very common, most often in relation to matrimonial valuations during divorces, in which two spouses are trying to establish how much their property is worth. This is for the purpose of one party buying out another’s share. To reduce the likelihood of valuations being contested by one side or the other, contact a chartered surveyor to offer an impartial valuation on behalf of both parties. This will provide a careful analysis based on fact to avoid any long or drawn out disputes.
Don’t Delay in Seeking Legal Aid
If you see something is wrong and let it happen, then it might not be possible to have it fully resolved if objection was not raised immediately. As soon as something arises, take action if you feel it necessary.