In simple terms, a property dispute is a legal dispute involving real estate. Simple, right?
Not entirely.
Property disputes can cover a wide range of conflicts over property types, from vacant lots and driveways to homes, condos, water features, and other real estate elements.
For these reasons and more, a qualified legal team can help guide you through your options for settling disputes, either in court or before they even reach court. The law firm of Heban, Murphree & Lewandowski, LLC, offers decades of experience helping the people of Findlay, OH, resolve all kinds of legal issues and has extensive knowledge of property disputes and the best ways to resolve matters to your satisfaction.
Disputes can be large or small, and could even affect a property’s marketability. For example, a builder might construct a new home and, while pouring the driveway concrete, accidentally go six inches onto the neighbor’s property. It may seem like a small problem, but it can grow if you don’t address it promptly.
Types of Property Disputes
Property disputes will always involve the property owner, but they can also include neighbors, trespassers, property visitors, tenants, and even government agencies. Some of the most common types of property dispute cases are:
Property line disputes
If issues arise over where a property line sits and how it affects construction or other uses.
Tree damage disputes
If you are seeking damages when someone’s tree damages your house or other property.
Fence disputes
If you are dealing with a “spite fence” or a new fence that blocks views or doesn’t follow property lines.
New construction repairs
If a new construction requires repairs or runs into other property issues (such as crossing a property line), the homeowner and developer may disagree on who is responsible.
Zoning disputes
If you believe your property is not zoned correctly for how it is being used or wish to appeal zoning decisions.
Property tax disputes
If you feel your property tax bill does not fairly reflect your home’s value and traditional appeal options do not work.
Mortgage disputes
If a property has more than one mortgage lender and you need clarification on who can foreclose or who receives the proceeds from the foreclosure sale.
Handling a Property Dispute
What should you do if you have a property dispute? Follow these steps to come to a conclusion:
Seek Sound Legal Advice
A qualified legal team will help you understand your rights and how Ohio’s laws apply. They can also help determine where the property line is so you can make fair, legal requests of the other party.
Stay Amicable
Property disputes can create a lot of tension between you and the other party. Try to keep a cool head and avoid letting frustration or hard feelings keep you from a peaceful resolution.
Hire a Surveyor
A surveyor can give you accurate information about where your property line is. This also gives you documentation to use in your claim if you need to file a suit.
Speak With the Other Party
If the dispute is with a neighbor, try talking it out. See if you can agree without the expense and hassle of filing a claim. Try to keep the conversation friendly. You’ll know soon enough if there are going to be problems. Should the conversation go south, consider hiring a neutral third party to help you resolve the issue.
Send a Letter
If the previous steps fail to settle your dispute, then it’s time to have your attorney send an official notice of intent to pursue legal action. Your attorney’s letter gives the other party one more opportunity to settle the dispute without going to court.
Take It To Court
If your case has merit and the other party won’t work with you, it’s time to consider a lawsuit. Ideally, this should be a last resort. If you need to go that route, an experienced property dispute lawyer who understands Ohio laws and your local municipality’s laws will be by your side from beginning to end.
If you feel you need to file a lawsuit, we are ready to help.
We can guide you through the entire process with our experienced property dispute and property tax dispute attorneys. Call us or fill out our form for a free consultation!