How to Avoid Property Disputes
As a property owner, you hope that you will never have to approach a dispute regarding your property. Property disputes between neighbors, co-owners, and even your local HOA are stressful events that may limit what you can and cannot do with your property. Our Waukesha County civil litigation attorneys share how you can avoid common property disputes and save yourself the stress of these conflicts.
Boundary Disputes
As one of the most common disputes between neighbors, boundary disputes can cause friction in the neighborhood. Occurring when neighbors argue where property lines end, boundary disputes are extremely important to have resolved.
Boundary disputes can cause issues in the future when selling the property or trying to build onto the property, such as:
- Expanding your driveway
- Building a fence
- And other additions you may wish to make to your property
To limit the instance of a boundary dispute, have a property survey done on your property so you can assess where your property begins and ends in relation to your neighbors.
Make sure to take pictures of where your boundary stakes are placed, with other permanent objects as a reference, such as natural formations on your property such as ponds or lakes, or in relation to your:
- Home
- Street
- Or driveway
You should also store the records of your property survey in a safe place, so you can use them in the future if necessary during a dispute.
Ownership Disputes
When multiple individuals share ownership of a property, conflicts between owners on major decisions for the property can become quite contentious.
Ownership disputes can often result from disagreements regarding:
- Equity in property ownership,
- The sale of the property,
- Maintenance of the property,
- Repayment of loans or the mortgage of the property,
- The expansion of structures on the property,
- Remodeling the property, and
- Other financial aspects of the property and ownership of the property.
When purchasing a property with others, a clear ownership contract can help limit disputes in the future.
With an attorney, you can develop a joint ownership contract that can address:
- Equity
- Payment of the mortgage or payment for the property
- Financial decisions for the property
- And include any other concerns you or your co-owner may have
This contract can help you develop a clear plan for the property with set guidelines for the future if conflict ever occurs. A skilled Waukesha County contracts attorney can write this contract and prepare it so it is court-enforceable if necessary.
Disputes With Your Homeowners Association (HOA)
If you live in a community with a homeowners association, you may face a time when you are in conflict with your HOA regarding rule changes or the application of rules unfairly. You may find that you are fined for a rules violation that you did not commit or your HOA is violating Wisconsin regulations.
When you join an HOA, make sure to keep a copy of the community rules handy for future conflicts. If the rules are updated, make a new copy of the rules and add the date to these changes so they can be referenced in the future.
If you are facing a conflict with your HOA and need to reference the rules from a specific date, having these documents can be helpful to the civil litigation attorney representing you. You may need to undergo alternate dispute resolution to find a solution to your conflict and a skilled attorney can help you prepare for this high-stakes process.
What If I Am Unable to Avoid These Disputes?
While you may take precautions to avoid future property disputes, you may face a property dispute in the future that you may be unable to resolve on your own. Our Waukesha County civil litigation attorneys at The Law Offices of Mark S. Knutson, S.C. are prepared to guide you through any future conflicts you may face regarding your property.
Are you facing a property dispute? Schedule a free phone consultation with our team today to learn more about how we can fight for your best interests and achieve your best possible outcome by calling (262) 205-0705 or contacting us online.