Issues a South Auckland Property Disputes Lawyer Might Deal With
South Auckland Property Disputes Lawyer – Some Work
Property disputes are surprisingly common issues in South Auckland. They range from annoying boundary disputes to building big commercial developments. In this article, we will look at some of the work that a South Auckland property disputes lawyer might work on.
Examples of Property Disputes
Property disputes can occur in residential suburbs, industrial zoned land, or rural properties and farmland. In short, they can occur anywhere.
For residential properties, common issues include boundaries, fences, easements, rights of way, and shared access for example where there is one drive serving two or more properties. As in-fill building increase when people sell off part of their land for new housing development, shared driveways are a common issue.
For commercial property, common disputes include impacts on neighbouring properties, building not to plan, pollution of ground and the water table, excessive traffic and noise, loss of amenities, and natural light, and many others.
In a rural setting, property disputes might relate to boundary problems, pollution of land or waterways, access, and many others.
In each setting, tenancy disputes of one sort or another are likely to occur.
A Closer Look at One Example
Let’s take a dive into boundary disputes. These are quite common. For example, neighbours may disagree about the location of a fence, driveway, retaining wall or other structure.
A frequent cause of these issues is the absence of new plans and title deeds.
Old plans often have unclear survey marks which lead to the dispute. Another common cause is where fencing has not been accurately replaced or recorded meaning that over time, people have made an assumption about the location of a boundary. When a plan is found with a different interpretation, not surprisingly, disputes arise.
The South Auckland property dispute lawyer will have to find the title records, the associated survey plans, any historical documents that pertain to the land, and often relevant correspondence between landowners and local authorities. Sometimes a formal survey will need to be carried out, or court application may be required.
South Auckland Property Disputes Lawyer – Access Issues
Another frequent residential problem for disputes lawyers in south Auckland is that of access issues.
Shared driveways are relatively common, but this can lead to anything buy neighbourly behaviour.
One resident might believe that the other is blocking the driveway to intentionally prevent the ease of access of the neighbour. There should be an easement in the title documents, but this might not have been explained to the resident, especially if they are renting. If they purchased the house and land, their lawyer would have e explained the easement and what it means in terms of sharing access. However, a landlord may not have explained this to their tenants.
Common disputes include rights to park. They also involve maintaining services such as water and electricity. Disputes may concern access to a rear section or the need to carry out repairs and maintenance.
Summing Up
Often property disputes arise from misunderstandings between neighbours. They stem from misinterpretation of a plan or the title deed. A simple communication between lawyers can quickly resolve the problem.
However, other times, it is not so easy. A South Auckland property lawyer will outline the legal process to the client in this situation. It will include the likely duration of the dispute, potential costs, and available remedies. If the issue has to go to court, the costs and time will escalate.
If you have any form of property dispute, talk to a lawyer as soon as possible. A lawyer can explain your position and whether you have a good case. This can put your mind at rest or correct your own misunderstanding. This can save not only a lot of money but also save the relationship with your neighbours.
If you need any legal advice with property disputes in the South Auckland area, McVeagh Fleming has lawyers who can help.