A property dispute rarely starts with a lawsuit. It usually starts with a fence, a key someone will not return or an entry you did not know about. Here is what to know before the dispute reaches court.
How I handle these cases is described on the property law page.
Where disputes usually come from
- co-owners who cannot agree on use or sale
- an inheritance that was never divided
- a boundary that differs from the cadastre map
- a neighbour using part of your plot or passage
- a cadastre entry that does not match reality
Documents first, lawsuit second
Before any step I establish how the right was acquired. Contracts, probate decisions, judgments, tax decisions, building documents and the history of cadastre entries serve that purpose. Often only those documents show who is really right.
The cadastre is not always right
A cadastre entry carries great weight, but the record and the actual right sometimes differ. So I look not only at the current title but also at the basis of the entry and every earlier change.
Interference with possession: short deadlines
When someone obstructs your use of a property, there is a fast procedure to protect possession. The deadline is short and runs from when you learned of the interference, so photograph the situation at once and keep the evidence.
Agreement or court
Many property relations can be settled by contract: a division, an arrangement on use or a right of way. That is faster and cheaper, and often more durable than a judgment. When agreement is impossible, the court can confirm the right, order the property handed over or stop the interference.
The first conversation
Bring every document you have, even incomplete ones. From them I assess how strong your claim is and which route is shortest. To discuss your case, write to me.