Understanding the Role and Value of an Auckland Property Dispute Lawyer
Property disputes are surprisingly common. These can range from disagreements over boundaries, titles, and leases. Disputes can even arise over contract issues post purchase. If a buyer discovers a problem that wasn’t disclosed in the sale particulars for example. It is not surprising then that an Auckland property dispute lawyer can be kept busy. Below we look at some of the issues in more depth, and how to resolve them.
Common Property Disputes
An Auckland property dispute lawyer typically faces recurring problems in different locations. Some of the issues that frequently crop up include:
- boundary disputes
- building and construction issues
- council disputes
- fencing
- trees and neighbourhood matters
- insurance disputes
- property development
- subdivision disputes
- trespass (including illegal protest action)
- access in term of easements,
- covenants
- title registration.
It is easy to see why these disputes can occur in different suburbs or locations in Auckland.
Who Does Auckland Property Dispute Lawyers Represent?
Lawyers’ clients can be from either side of a dispute. That means they can represent various sides either defence or plaintiff. That can be between:
- house owners
- landlords
- tenants
- body corporates
What is the Role Of A Property Dispute Lawyer?
In simple terms, a property dispute lawyer will explain to their client that legal issues that the injured party wants brought to litigation. This means that the lawyer will look at the claim, review the legal validity behind it, and advise their client on ways to go forward.
The approach will be different depending on who they are representing. For example, someone may bring an issue to their lawyer wanting recompense in some way. The lawyer will look at their claim and determine if it has merit in going forward. Often, they will advise their client to drop the issue whether it is because the claim is unlikely to be successful, or the cost of doing so would be disproportionate to the result.
On the other hand, if they are on the defendant’s side, they can again look at the legal merits of the claim and give similar advice i.e. the cost of defence might be too expensive to justify the outcome. Alternatively, the lawyer may see that they have a good defence and will help them going forward.
Resolving Property Disputes
Often, the quickest way to reach a resolution if for one of the lawyers to correspond with the other side and explain the legal aspects. The other lawyer can explain that to their client, and hopefully, both parties can agree.
Other times, more in-depth negotiation might be required.
The other two forms of property dispute resolution are mediation where an independent mediator listens to the arguments from both sides and offers their considered opinion.
The final, and worst option, is to go to court proceedings. This is both very costly, and enormously time consuming, with often a year or more before the case can be heard.
Choosing an Auckland Property Dispute Lawyer
There are lots of lawyers in the Auckland area offering services to assist with property disputes. However, a good way to find one is to search online for an Auckland property dispute lawyer. McVeagh Fleming is a medium-sized law firm with three offices across the region. They have strong teams of lawyers with plenty of experience in resolving property disputes. Click the link for more details.