Property disputes are a common occurrence in a populous country like India. Property disputes can arise in several situations involving conflicts between the owner and tenant or issues between the neighbours. Resolving such disputes requires an extensive understanding of legal frameworks, procedures, and resolutions.
However, most times, due to negligence or excitement of being the future property owner, sometimes, most of us miss small details that could lead us to problems in future. These details could reveal whether disputes surround the property in question.
This guide will explain all the steps every potential buyer should remember to ensure their dream property is free of disputes.
What are Property Disputes?
Property disputes arise when someone contests real estate title, possession, or usage. These conflicts can emerge between individuals, groups, or the government. Various factors, such as competing claims, ambiguous boundaries, faulty documentation, inheritance issues, or contractual violations, can trigger them.
Property disputes frequently necessitate legal intervention and may involve negotiation, mediation, arbitration, or litigation. Individuals involved in property transactions must exercise caution, conduct exhaustive due diligence, seek legal counsel, and ensure proper documentation to reduce the likelihood of becoming embroiled in a property dispute.
Different Property Disputes To Look After
Let’s look at the different types of property disputes one by one:
Boundary Disputes
Boundary disputes arise when a property’s boundaries are contested, causing friction between adjacent property owners. Concerns may include encroachment, unauthorised constructions, or disputes over the precise property line boundary.
Title Disputes
There is a title dispute when there is a disagreement or ambiguity regarding the ownership rights of a property. Due to improper documentation, improper transfers, inheritance complications, or fraudulent transactions, these disputes may arise. Frequently, resolving title disputes necessitates an exhaustive legal investigation and substantiation of ownership records.
Tenancy Disputes
The majority of tenancy disputes involve disagreements between proprietors and tenants. These conflicts may result from nonpayment of rent, unlawful eviction, breach of lease agreements, or disagreements over maintenance responsibilities. Typically, resolving tenancy disputes requires reference to the provisions of the lease agreement and applicable rental laws.
Partition Disputes
Partition conflicts occur when family members or co-owners disagree on how to split property. Disputes regarding inheritance or property distribution between siblings or relatives are a common source of contention. Legal intervention is required to resolve partition disputes, which may entail equitable distribution or sale of the property.
Construction and Development Disputes
Disputes regarding construction and development frequently arise between property proprietors and builders or developers. These disputes may involve construction delays, poor craftsmanship, breach of contract, or ownership disputes over additional constructed areas. Resolving such disputes may involve arbitration, mediation, or legal action.
Common Property Disputes and Their Common Resolutions
| S. no. | Dispute | Possible Resolutions |
| 1. | Boundary Dispute | Negotiate to reach a mutual agreement. File a lawsuit to seek judicial determination.Get a surveyor’s report to give an expert opinion on the boundary. |
| 2. | Title Dispute | File a lawsuit to seek a declaration of ownership rights. Gather evidence and conduct a thorough title search.Settle disputes by negotiation or mediation.Obtain court order to rectify errors in documents. |
| 3. | Zoning or Land Dispute | Seek clarification from Local Zoning Authority. Appealing the decision of authorities to higher bodies. Negotiating with concerned authorities for resolution. |
| 4. | Tenancy Dispute | Mediate with the landlord to resolve the issue.Report a file to Rent Council Authority or Civil Court.Arbitration |
| 5. | Construction and Development Dispute | Negotiate for repairs. File a complaint to consumer court if there is a construction defect. Opt for Alternative Dispute Resolution. |
How can you be assured whether the property is disputed or not?
Identifying disputed property requires substantial research, inquiry, and diligence. While it’s impossible to assure absolute certainty, you can assess the likelihood of a property being involved in a dispute by following these steps:
Review Property Documents
Review the property’s ownership documents, such as sale deeds, title documents, and encumbrance certificates, with a keen eye. Verify the ownership history and ensure no discrepancies or irregularities in the records.
Conduct Title Search
Employ the services of an expert to conduct a thorough title search. This search will reveal any extant legal claims, liens, or encumbrances on the property, which may indicate potential conflicts.
Visit Local Land Authorities
Visit the local land registry office or municipal corporation to obtain information about the property’s legal status, prior transactions, and ongoing disputes or litigations.
Consult Legal Experts
Consult with experienced real estate attorneys who can review the property documents, conduct legal and due diligence, and shed light on any potential disputes or legal issues associated with the property.
Engage Professional Surveyors
Employ professional land surveyors to physically survey and verify the property’s boundaries and any encroachments. It will help in identifying any prospective property boundary disputes.
Speak with Neighbors and the Local Community
Talk to neighbours or community members about the property’s history, disputes, and how these may affect it.
Inspect the Property
Physically inspect the property for visible indications of unresolved disputes, such as unauthorised constructions, encroachments, and signs of neglect.
Consider Title Insurance
Consider purchasing title insurance, which protects against unforeseen title defects or disputes. In the event of future disputes, title insurance can provide an additional layer of protection and financial recourse.
Conclusion
Whether you are a first-time buyer or an experienced investor, remember the importance of clear documentation, thorough research, and legal assistance.
Recognizing field trends and solutions is also important. The digitization of land records, online dispute resolution platforms, and government initiatives to streamline property transactions all offer confidence for a more transparent and efficient real estate market.
Remember that while these procedures can help determine the likelihood of a property dispute. That’s why it is always recommended to seek help from legal professionals to ensure a strong and stress-free resolution.
FAQs
What should I do if I think a property I wish to buy is under dispute?
Due diligence is necessary if you suspect a property is in dispute. Consult with legal professionals to evaluate the property’s paperwork, conduct a title search, and confirm its ownership history. Employ professional surveyors to evaluate boundaries and possible intrusions. If all concerns are resolved, and the property’s legal status is confirmed, proceed with the purchase.
Can property disputes be resolved without going to court?
Yes, mediation or arbitration can settle property issues. With the assistance of a neutral third party, these procedures provide a platform for parties to negotiate and find mutually acceptable solutions. Mediation and arbitration are more cost-effective and time-efficient than lengthy court conflicts for resolving disputes.
