What is an ownership dispute?
An ownership dispute is a dispute over who owns a certain piece of property and can include claims for adverse possession or to quiet title. Ownership disputes can arise for many reasons; however, the most common reason is the failure to properly document a sale of a property. For example, if a mother purchases a property for her son with the expectation that the son will live in the property and make the payments, a dispute can later arise when the family members have a falling out and the son claims he is the owner of the property. If there is no contract documenting the terms of the agreement between the mother and son, litigation can be required to determine the ownership interests of the parties.
What is the difference between a boundary dispute and an ownership dispute?
A boundary dispute is a dispute over the location of a property line. An ownership dispute is a dispute regarding who owns a certain piece of property. These two types of disputes may be intermingled and part of the same claim.
What types of issues may come up during an Ownership dispute?
Many types there is emotion and personal issues involved in an ownership dispute. Additionally, one party may claim to have obtained ownership through adverse possession. Adverse possession is a declaration that a party has obtained ownership of a certain piece of property as the result of using it — without permission — for many years. The party may also claim the existence of an oral agreement that may be enforced through the court’s equitable powers. There may also be issues related to inconsistent legal descriptions in the chain of title that caused something less than the full property to transfer to the current owner. Additionally, the chain of title may show that other parties need to be brought into the legal proceedings.