How to resolve property-related disputes

09 December 2024 216

Property disputes are common but how you should handle them is not always clear. Whether you're dealing with boundary issues, a tenant dispute, or problems with a property transaction, these disputes can create unnecessary stress and complications.

In this article, we’ll break down some common property-related disputes and how MP|W Attorneys can help.

What Are Property-Related Disputes?

Property disputes involve disagreements over the ownership, use, or management of property. These disputes can arise in residential, commercial, or agricultural settings and often involve individuals, tenants, landlords, or even neighbours. Some of the most common types of property disputes include:

  • Boundary Disputes: Disagreements over where one property ends and another begins, often concerning fences, walls, or shared driveways.
  • Evictions: Disputes between landlords and tenants, particularly when the eviction process is disputed, or when tenants are not paying rent.
  • Non-Payment of Rent: When tenants fail to pay rent, or when landlords do not maintain the property, resulting in disputes about obligations.
  • Breach of Contract: Disagreements over property transactions, such as sale agreements or rental contracts, when one party fails to meet their responsibilities.
  • Inheritance Disputes: Family disagreements over the distribution of property after someone’s death, especially in cases of unclear or contested wills.

How to Avoid Property Disputes

Understanding the root causes of property disputes can help prevent them. Some easy ways to avoid property disputes include:

  • Clear and Comprehensive Documentation: Without clear, written agreements, misunderstandings are more likely. Verbal contracts or vague terms can lead to disagreements about property ownership or rental obligations.
  • Adherence to Regulations: South Africa has many laws that govern property use and transactions. Failure to comply with zoning regulations, building codes, or property tax laws can result in disputes.
  • Effective Estate Planning: When someone passes away without a clear estate plan or will, it can lead to disputes between family members over who inherits property and how assets are divided.

How MP|W Attorneys Can Help

At MP|W Attorneys, we offer expert legal assistance for all property-related disputes. Whether you're dealing with property transactions, landlord-tenant issues, boundary disputes, or inheritance matters, our team provides practical solutions to resolve conflicts. We help ensure compliance with the law, protect your rights, and, when necessary, guide you through litigation or alternative dispute resolution processes for an effective outcome.

If you’re facing a property dispute or need assistance with property-related matters, don’t hesitate to contact MP|W Attorneys for expert legal advice and support.

Disclaimer: This article is the personal opinion/view of the author(s) and is not necessarily that of the firm. The content is provided for information only and should not be seen as an exact or complete exposition of the law. Accordingly, no reliance should be placed on the content for any reason whatsoever and no action should be taken on the basis thereof unless its application and accuracy has been confirmed by a legal advisor. The firm and author(s) cannot be held liable for any prejudice or damage resulting from action taken on the basis of this content without further written confirmation by the author(s).  
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