Property disputes in Scotland are more common than you might expect. From breach of contract disputes to boundary disputes, read on to discover the five most common types of property disputes in Scotland.
Breach Of Contract Property Disputes
Whenever property is purchased, sold, or leased, there is a contract involved. Landlords agree to provide repairs and allow the tenant to use the property; tenants agree to pay their rent on time and follow the rules outlined in the lease; homebuyers agree to pay a specific price to the seller in exchange for rights to the property. If someone does not live up to their obligation, they may be found in breach of contract, and the other party can pursue damages for their losses.
Real Estate Fraud Property Disputes
Fraud can happen in any industry, including real estate. When a party to a negotiation falsely represents their property and causes another party injury, such as by withholding information about the state of the property, this is considered real estate fraud.
Boundary Disputes
Disputes often arise between neighbours when there is a disagreement about where the property line lies. Often, the property boundaries were never clearly registered, or a practical property line supersedes the legal line. Remember, you can check the boundaries by looking at the property documents or the title deeds.
Co-Owner Disputes
Some property is owned by more than one person. If co-tenants, joint tenants, or partners disagree on a property issue, a co-owner dispute may arise. For example, a co-owner who pays more than their share of the property expenses may be entitled to assert a lien against the other co-owner’s interest after the property is sold.
Specific Performance Property Disputes
Specific performance property disputes can arise when a party to a real estate contract does not perform a material action that’s part of their contractual obligations. Unlike other types of breach of contract disputes, specific performance forces the party in breach to do what they promised rather than merely attempting to resolve the issue with money. Courts usually grant specific performance when the subject of the contract is unique or when the true amount of damage is unclear.
If you are in dispute with your neighbour, joint owner, joint tenant, landlord, tenant or other person or organisation about your property, you may need a civil litigation lawyer. At DJP, we offer the legal advice you need to establish your rights over common domestic issues such as repairs or selling of the property. Contact us today to find out more about how we can help you.
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