Despite trying your best to avoid it, disputes are sometimes inevitable when it comes to commercial property ownership. In most cases, this disagreement can be difficult to deal with, especially when it has to do with boundaries between two properties. What matters most when this kind of issue arises is that it should be effectively dealt with to prevent future reoccurrence.
Types of Commercial Property Dispute
Dispute, at times, are unavoidable when selling, buying, or developing a property. Issues might spring up at any stage. You need to have the idea of the various types of disputes within a commercial structure. This information will enable you to protect yourself against such issues. Some of the notable Commercial property disputes include the following:
- Boundary Dispute
In some cases, a dispute may arise over land boundaries. There might be contention over land or property “spilling” into another person’s land. In this case, the individuals involved can work out a settlement. This issue can last for several months or years if both parties are not willing to find common ground.
- Landlord/Tenant Dispute
Landlord/Tenant dispute revolves around premise conditions, contract, agreement, rent, among others. This type of dispute is likely to occur when there is no personal contact between the tenant and the landlord. For instance, a landlord may have many tenants and so not get to know them personally. Such landlords can fix this issue by employ a realtor to handle tenants. This way, chances of disputes arising will be low as the agency will deal with all problems and queries coming from tenants.
- Purchasing Land
Disputes over land acquisition that come up when you intend to buy land. This kind of issue can result from border disputes, compulsory purchases, as well as breach of contract.
- Construction Disputes
Construction might be stopped halfway or before it takes off by a neighbor that has a problem with the proposed planning of the structure. Also, there could be a complaint about environmental or noise pollution, disturbances, among others.
Dealing with Commercial Property Ownership
The approach to solving this issue solely hinges on the type of dispute. The fact is that commercial dispute resolution can be quite simple and straightforward. You can engage the service of resolution lawyers who are highly skilled in resolving such disputes. Before you employ the services of a qualified lawyer, it is advisable to resolve the issue first via an ADR method (Alternative Dispute Resolution). Here are some ADR methods that you need to know:
- Contacting the Council
You will have to provide a detailed plan of your property if you are trying to resolve a boundary dispute. This will serve as evidence of the boundaries around your property. This is also essential when developing a property, or you might send the plan to the council providing a comprehensive explanation of what you intend to do before commencing work fully.
- Mediation
This involves individuals that are related directly to the property. All parties involved will be required to come together to iron out the issue.
Court Proceedings
In this case, the judge will give the final decision concerning the commercial property dispute. Court proceedings may not always fall in your favor. It is, therefore, essential to resolve disputes personally, using any of the ADR methods. For further advice on how to get disputes around your commercial property resolved, contact Chang Legal today.