A property dispute is a legal dispute that involves real estate. While it may sound relatively simple, the term “property dispute” covers a wide range of possible disputes over a wide range of property. The property involved could be anything from a vacant lot to a home, deck, condominium, manufactured home, pond, driveway, and other possible elements of real property. Property disputes can be small or large, and may occasionally affect marketability of title (although it doesn’t have to in order to be a dispute). For example, a property dispute may arise when a builder of new construction homes pours a concrete driveway for a brand-new home–but accidentally creates the driveway so that it crosses onto the neighbor’s property by six inches. This is a small issue, but has the potential to become a larger problem down the road if it is not corrected.
Property Dispute can be defined any legal dispute involving real property, also known as real estate. Real property is immovable property attached directly to the land. The term real property includes piece of land (agricultural or non-agricultural), residential house, apartment, farmhouse, pond etc.
Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: Neighbors; Landlords and Tenants; Homeowner Associations (HOAs); Trespassers; Family Members; Builders and Developers; Government Agencies; and/or Municipalities. It can be important to keep in mind that cities and municipalities can be part of a property dispute. Cities have the ability to own property, and often have agencies that regulate property or issue building permits (such as a city or town planning department). Often, property disputes that involve cities or municipalities can involve issues of eminent domain, where the government has the right to take and use property for public purposes.
As we said before, property disputes can range from the small to large, and can vary in their severity. Some common property disputes can include: Boundary Disputes: Which can involve disagreements among neighbors regarding the location of a property line. Landlord-Tenant Disputes: Which can sometimes involve a dispute over who is responsible for damage or repairs to the property, whether there was sufficient damage for the landlord to retain the tenant’s security deposit, or issues regarding eviction from a property. Zoning Issues: Which involves whether the property is being used for the same purpose it was zoned, what zoning ordinances the town has in place, and whether the owner needs to apply for a variance from the town. Homeowner Association Responsibilities: Which may bring up questions of whether the HOA is responsible for maintenance and upkeep of some elements of the neighborhood. Utility Easements: Sometimes homeowners may not realize whether or where utility easements are located on their property. Ownership Disputes: Which brings into question who is the rightful owner of a property.