As the saying goes, ‘Good fences make good neighbours,’ but what happens when fences become a dispute?
Property disputes occur when a conflict arises over a commercial or residential property. These disputes can vary from minor disagreements to full-on legal battles.
Here are some of the most common forms of property disputes:
Boundary Disputes
Boundary disputes occur when there are disagreements over the location of property lines.
Boundary disputes often arise between neighbours and involve conflicts over land encroachment, shared walls, or fences.
Title Disputes
Title disputes occur when there is a disagreement over who owns a property. This can arise due to inheritance issues, unclear ownership or joint ownership disputes.
Title fraud is another issue in the property market, which consists of someone forging documents to claim ownership of a property that is not legally theirs.
Landlord-Tenant Conflicts
Disputes between landlords and tenants can arise over multiple issues including rent, tenancy breaches, property maintenance or evictions.
Alternative Dispute Resolution (ADR)
Alternative dispute resolutions are ways to resolve disputes without going to court. Here are some of the common forms of ADR:
Mediation
This involves the use of a neutral third party to act as a mediator for both parties. The mediator does not make any decisions but helps to maintain communication between all parties.
Arbitration
This involves an arbitrator, a neutral third party, making a binding decision. The arbitrator takes both side’s views into account at a hearing before deciding. The decision the arbitrator makes is legally enforceable.
Negotiation
Parties will talk directly in hopes of reaching a solution themselves. The process doesn’t involve the use of any third parties. This often requires a willingness to compromise from at least one party.
Small Claims Court
In Nigeria, the Small Claims Court is designed to handle minor property disputes more cheaply and quickly than litigation, without the need for legal representation.
Litigation is the process of taking legal action.
In a case where the previous steps have failed, you may have to consider litigation, especially if the dispute involves a large sum of monetary assets or important legal rights.
It is imperative that you seek out legal advice from a legal professional before you proceed with litigation.
Lawhaven Solicitors is one of the top law firms in Nigeria. We handle all aspects of property law in Nigeria so if you have any queries, contact us.
Your first consultation is free!