1–5: Boundary and Ownership Disputes
What happens if neighbors dispute property boundaries?
Answer: A property survey can clarify boundaries. If disputes persist, courts may decide based on deeds, surveys, or long-term use.
What is adverse possession, and how can it lead to disputes?
Answer: Adverse possession allows someone to claim ownership of land by occupying it openly for a statutory period. Disputes arise when the original owner challenges this claim.
What if a neighbor builds a fence on your property?
Answer: Notify the neighbor and request relocation. If unresolved, a court can order removal or damages based on a survey.
Read Also:
- https://insightfullawhelp.com/20-must-know-property-law-questions-for-buyers-and-sellers/
- https://insightfullawhelp.com/30-property-law-myths-debunked-by-legal-experts/
- https://insightfullawhelp.com/40-property-law-faqs-for-real-estate-investors/
Can co-owners disagree on selling shared property?
Answer: Disputes between co-owners may lead to a partition action, where courts divide the property or order its sale.
How are overlapping deeds resolved?
Answer: Courts review deeds, surveys, and historical records to determine rightful ownership.
6–10: Landlord-Tenant Conflicts
What are tenants’ rights if landlords will not return security deposits?
Answer: Tenants may sue in small claims court when a landlord wrongfully withholds deposits or fails to provide proper documentation.
What happens if a landlord does not make necessary repairs?
Answer: Tenants can give the landlord notice, withhold rent (in some states), or make repairs and deduct the costs if authorized by law.
Can a landlord evict a tenant without notice?
Answer: No, landlords must comply with legal eviction procedures, such as giving the right notice and getting a court order.
What if tenants sublease without permission?
Answer: If the lease does not allow subleasing, the landlord can file an action to enforce the lease terms or evict the unauthorized subtenant.
Can tenants break a lease if the property is unsafe?
Answer: Yes, if conditions are violative of health and safety codes, tenants may terminate the lease under constructive eviction principles.
11–15: Easement and Access Disputes
What is an easement, and how can it lead to disputes?
Answer: An easement allows use of another’s property for specific purposes (e.g., driveway access). Disputes arise over misuse or unclear terms.
Can an easement be revoked?
Answer: Most easements are permanent unless explicitly stated otherwise. Courts can resolve disputes over easement use.
What happens if a neighbor blocks an access easement?
Answer: The injured party may obtain a court decree to remove the obstruction.
Do easements impact property value?
Answer: Yes, easements can lower property value or restrict its development potential, resulting in disputes in sales.
What is a prescriptive easement?
Answer: A right to use someone else’s property, acquired through continuous and open use without permission for a statutory period.
16–20: Disputes Involving Sellers and Buyers
What happens if the seller does not reveal defects in the property?
Answer: A buyer could claim an action for misrepresentation or fraud if defects were not disclosed and discovered after the sale.
What occurs if the sale falls through due to financing?
Answer: The buyer will likely lose earnest money unless other contingencies protect the buyer related to financing.
What if property boundaries are different than those in the contract?
Buyers can try to renegotiate terms, request compensation, or cancel the sale if there are material differences.
Can buyers back out if an inspection reveals significant problems?
Answer: If the contract contains an inspection contingency, buyers can cancel or negotiate repairs.
21–25: Nuisance and Neighbor Disputes
What if a neighbor’s tree causes damage to your property?
Answer: The neighbor may be liable if the damage was foreseeable or the tree was in poor condition.
What happens if neighbors disagree over who is responsible for a shared fence?
Answer: Fence maintenance is usually shared unless local laws or agreements state otherwise.
Can a neighbor be compelled to stop noisy or disruptive activities?
Answer: Yes, courts can order the neighbor to stop or abate the nuisance through nuisance claims.
What if a neighbor’s water runoff harms your property?
Answer: The neighbor may be liable if he or she changed natural drainage to cause damage.
Can HOA rules be challenged?
Answer: Homeowners can challenge HOA rules if they are unreasonable, applied inconsistently, or violate state laws.