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My Commercial Property Is Stuck For 5 Years. How Can A Commercial Property Lawyer Help Me ?

  • Writer: leadindia831
    leadindia831
  • Oct 6, 2023
  • 4 min read

Property disputes as well as litigation are common in the field of real estate industry. Disagreements over land ownership or conflicts arising from property transactions, such legal challenges could be complex as well as time-consuming. In the discussion below, we would try to understand the world of property litigation and disputes, as to what they entail and how they can be resolved. In case you are a property owner, developer, or investor, understanding the ins and outs of property litigation will be essential to protect your interests.


What is Property Litigation?

Property litigation refers to the procedure of resolving disputes and conflicts related to the real estate through the court of law. These disputes could be between individuals, businesses, or even government bodies. Property litigation includes a number of issues, a few of which have been discussed hereunder-

  • Land Ownership Disputes

Disagreements over the ownership of a land may lead to property litigation. Such disputes could be borne out of reasons such as unclear boundaries, conflicting title deeds or the claims of adverse possession.

  • Lease Disputes

Conflicts between landlords and tenants arising out of lease agreements, rent payments, repairs, or lease termination may require legal intervention.

  • Planning and Development Disputes

Disagreements between developers, local authorities, or community groups for matters such as zoning, permits, environmental impact assessments, or construction regulations could lead to property litigation.

  • Construction Disputes

Conflicts during the construction process, including those of breach of contract, defective work, or even delays, may also need legal resolution.

  • Nuisance and Trespass Claims

Legal actions could be initiated when one party causes interference or damage to another person’s property, such as the cases of encroachment, noise disturbances, or pollution.

  • Easement and Right of Way Disputes

Issues related to access rights, boundaries, or shared infrastructure could lead to property litigation.

The Role of a Land Lawyer

A realty lawyer is a legal professional who specialises in property law and litigation. They provide legal advice, represent clients in the court, and negotiate settlements on behalf of their clients. A Commercial Real Estate Attorney Near You possesses expertise in real estate legislation, contract law, dispute resolution as well as civil litigation procedures. They would work closely with their clients to understand their specific goals and develop effective strategies to protect the interests of their clients.


Property Litigation Processcould be lengthy and complicated, which may include several stages. These stages may include-

  • Initial Consultation

A Real Estate Law Attorney would meet with the client to understand details of the dispute, gather relevant documents and evidence, providing an initial assessment of the strengths and weaknesses of the case.

  • Pre-action Protocol

Under some jurisdictions, parties would have to follow pre-action protocols, including exchanging information, attempting negotiation, as well as exploring alternative dispute resolution methods.

  • Court Proceedings

In case the dispute remains unresolved, proceedings for the court could be initiated. Litigation process may involve filing legal documents, presenting evidence, attending hearings and making legal arguments before a judge.

  • Settlement or Trial

During the litigation process, parties may opt to settle their disputes through negotiation, mediation, or arbitration. In case a settlement could not be reached, the case would proceed to trial, where the judge would take final decision.

  • Property Dispute Resolution

Filing a case for property dispute in the court is often seen as a last resort, there are alternative methods of dispute resolution which could help parties avoid wastage of time, expense as well as uncertainty of the court proceedings. These options include-

  • Mediation

A neutral third party would facilitate negotiations between the disputing parties so as to reach an agreement satisfactory to all parties. Mediation could be a quicker and more cost-effective method to resolve property disputes.

  • Arbitration

Parties would present their case before an independent arbitrator who shall give a legally binding decision. Arbitration provides a more formal process than mediation which is faster and more flexible than the court proceedings.

  • Expert Determination

Under such an option, the parties will appoint a neutral expert who has specialised knowledge of the relevant area of dispute so as to provide an expert opinion and resolve the issue. Disputes related to construction and valuation commonly use such expert determination to sort their issues and reach a conclusion.


Appointing the Right Property Litigator

When faced with a property dispute, selecting the Best Real Estate Lawyer Near You is crucial. Following factors could be considered when choosing a property litigator:

  • Expertise and Experience- Look for a Commercial Real Estate Lawyer Near You with a proven track record in matters related to property law and dispute resolution.

  • Communication and Compatibility- A strong rapport with your lawyer is necessary for effective communication and collaboration throughout the litigation process.

  • Fees charged- after having selected the prospective advocate, it is important that you confirm the Real Estate Attorney Cost before appointing the lawyer, so as to ensure that no further conflict would be there.

Conclusion

Property litigation and disputes can be complex and challenging which would require professional expertise and expert legal advice. By understanding the nature of property disputes and the litigation process, you will be able to protect your interests and seek resolution in a better way, when a conflict arises. Therefore, it is advised to seek proper legal assistance for any issue related to property matters. Lead India offers you a team of experienced advocates who have been handling cases related to property matters. Thus, if you wish to seek free legal advice or directly talk to a lawyer, you may contact us.


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