Legal disputes that fall under the real estate category are called property disputes. The term may sound simple but there’s nothing simple about it. In Melbourne, possible disputes involve a whole variety of properties.
Properties in Melbourne such as a pond, home, condominium, driveway, deck, and manufactured home are considered real estate properties. And they are all subject to property disputes.
With this said, it’s always prudent to hire property dispute lawyers in Australia. For instance, a driveway taking as little as six inches from a neighbour’s property can be subject to a property dispute.
Who are the people involved in a property dispute?
Just about anyone and everyone can become involved in a property dispute. Anyone who has a vested interest in a real estate property can potentially become at risk for a property dispute.
Some of the people that can get involved in a property dispute include:
- Developers and builders
- Government agencies
- Homeowner associations
- Tenants and landlords
- Members of the family
It is important to take note that a property dispute can involve municipalities and cities. Owning property is one of the things cities have and they have a town or city planning agency to issue building permits or regulate property requirements.
Eminent domain is a property issue involving municipalities or cities. It means that taking and using the property for the benefit of the public is within their rights.
Common kinds of Property Disputes
As mentioned, property disputes are either big or small. The severity of the disputes varies as well. The common kinds of property disputes include:
Responsibilities of Homeowner’s Association
Upkeep and maintenance of a neighbourhood are often the property disputes faced by Homeowner’s Association.
Questioning the ownership of a real estate property falls under the ownership dispute category.
This issue is probably the most common. It often happens when the location of a property line is disputed among the neighbours.
The location of utility easements in a neighbourhood is not often realised by many homeowners.
Repairs or damage to the property is often the reason for the dispute between landlord and tenant. The security deposit of the tenant is at stake if, and when, the landlord establishes sufficient proof of the damage to the property. Evicting a tenant from the property is also considered a property dispute.
Property dispute arises when the purpose of the zoning is used by the property. A property owner has to comply with the zoning ordinances or seek a variance from the city.
Legal Remedies for Property Disputes
Often, the location of the property and the nature of the dispute determine the proper legal remedies for them. Some of the most common legal property dispute remedies include:
Stopping a neighbour from doing something uncomfortable with their property can be done through a court injunction. For instance, burning trash is a valid reason for the court to issue a “cease and desist” order to a neighbour.
Any loss suffered by the plaintiff in a property dispute case falls under monetary damages. For example, a builder that erroneously built a driveway that encroached a bit on a neighbour’s property is subjected to pay monetary damages.