Real Estate Conflicts and How to Resolve Them!

Pakistan has a blooming real estate industry. The country has had more GDP growth from property sector than most of our other high-yielding industrial sectors. The reason for this immense growth is that so many people from all over the country see real estate as a viable solution to their financial problems. However, this great influx of real estate investors brings with it the plight of having too many people working in the same sector, i.e. conflict.

Real estate conflicts are a real thing. If you have ever invested in the property sector you already know how hard it can be to deal with property disputes. Moreover, most property dealers intentionally lure you into buying disputed property to get it off their hands. Land mafia and other such malicious groups don’t make things any easier either.

However hard, property disputes can still be solved with strategic display of skills and intelligence. Importantly, it isn’t too hard for anyone to manage their real estate conflicts. Here are some of the most common real estate conflicts and how you can get around to solving them today!

SOME COMMON PROPERTY DISPUTES AND THEIR RESOLUTION

Court litigations are difficult and strenuous. Not to mention that they don’t always guarantee a yield, let alone a successful one. So many property cases keep lingering on in the pile of legal papers in court rooms and never get resolved. This is why it is important to kill the cause at its roots. Read below to find out most common real estate conflicts and how to resolve them.

OWNERSHIP OF THE PROPERTY

One of the biggest real estate disputes of all time ironically concerns the most important part of a deal: the title of the deed.

As far as the law is concerned, the title of the deed dictates the ownership of the property. If you have paid for the property and acquired all the papers for it, yet you managed to not get your name on the title of ownership, technically the property does not belong to you.

The dispute of the title of a property sounds like a trivial matter. However, many Pakistanis are involved in fraudulent deals one way or the other that leave with all the sum paid but no title ownership at the end.

Resolution: Disputes regarding the title of property occur due to deceitful communications, but there are certain ways to be vigilant and stay alert. A simple way to avoid title frauds is by thoroughly checking the authentication of the property documents. The verifying process is quite simple, and it can be done by hiring lawyers, and ensuring the title of the property is changed – so no one can make a claim.

INHERITANCE OF PROPERTY AND WILL

Real estate disputes concerning inheritance of the property are extremely common in Pakistan. Most property conflicts arise within family members trying to prove a claim on the property. There are multiple reasons for these kind of disputes, including negligence on the part of the head of the family where they usually fail to provide a clear will or inheritance pattern. Fraud is also one of the contributing causes for these conflicts.

Resolution: In cases where a written will exists, probate can be done easily, and the process is quite simple, usually beginning with confirming whether the deceased person has registered a will or not. If there is a will, it is only natural that it states the name of the responsible person – the executor – for managing the possessions. Problems arise when the will doesn’t exist – in such scenarios, the next of kin has to put a claim to be entitled as the administrator for the deceased person’s property/possessions.

DAMAGE TO PROPERTY

Most tenants leave damage to property during the time they occupy it. This is a big problem in countries like Pakistan because of a general lack of regard for someone else’s property. These cases make a huge proportion of real estate conflicts in Pakistan. Damage can also be present at the time of buying the property, which is the buyer’s responsibility to identify before making the purchase.

Resolution: Although we wish that may the odds be in your favor, there are high chances for tiff with property ownership – that’s just natural. However, matters such as property damages and deceitful contracts is a legal matter, and there’s no other practical solution to it. 

PROPERTY OWNERSHIP DISPUTE

At times, partners can misuse their rights when contract has ambiguity

Make sure the legal contract is free from any ambiguity to avoid the misuse of rights!

When you share a particular thing with someone, let’s just say, a fence, a wall, or maybe a piece of land or business, at times, the dispute arises when it comes to transferring or maintaining the shared resource– the question is often placed on the property ownership, and hence it turns into a dispute. The possible conflicts regarding property ownership dispute arise when the possession is either joint or common. Besides maintenance costs, partners often wonder about their share, and it is most likely to lead to several property ownership disputes.

Resolution: In order to avoid property ownership disputes, it is necessary to understand the type of partnership/responsibility that is being shared with the other person. In the case of a joint partnership, if one partner passes away or withdraws from the property – the liability/benefits are by default transferred to the other person. This type of partnership is most common among married couples, and the will is considered to be void in such cases.

TENANCY ISSUES

Tenants should be aware of their rights

Rent renewal, maintenance and rent expiration can create disputes between landlord and tenant

While we all wish for our real estate dealings to complete smoothly, there are often situations which can cause a dispute. Some common tenancy issues arise in three cases: rent renewal, maintenance and repair, and rent expiration. To provide a greater surety in rental agreements, both parties need to be on the same page, before the transaction is completed. However, tenants should be extra careful and avoid some common mistakes during rental agreements. 

Resolution: Always keep in mind that the court will not entertain a tenancy dispute without any solid evidence or a valid tenancy contract.