Property Partition Disputes
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What is a Property Partition?
Property partition disputes sometimes arise in connection with a specific piece of real estate property. A property partition is an artificial boundary line that is drawn with regards to a single piece of property. The partition line divides the property into more than one area, often for the purposes of rent or subleasing the divided property. The partitioned off area can also be used for specific purposes, such as storing property or for growing crops.
Property partitions should be written into a contract and signed so that the parties have a record of the partition agreement. This will help prevent various disputes over the partition.
What are Some Legal Disputes Involving Property Partitions?
However, even with a proper contract in place, a legal dispute over a property partition can still occur. Some common legal disputes involved with property partitions may include:
- Disputes over who is allowed to use the partitioned-off property
- Disputes over payment for use of the property
- Conflicts involving the dimensions, measurements, and boundaries of the property
- Issues as to whether a partitioned section is to be included in the title description of the property
In some cases, a title search may be required to determine the original boundary lines and demarcations for the property. A properly performed search will usually disclose the boundaries for the property as it was originally intended.
Are There Any Legal Remedies for Property Partition Disputes?
In some cases, the judge may order the parties to redraw a partition line, uphold a previous line, or completely abandon the idea of partitioning the property. This all depends on facts such as the intentions of the rightful owner, as well as the practicality of dividing the property.
In cases where it isn’t practical to redraw a boundary line, the judge may order a damages award to compensate a person for losses. For instance, if a renter unlawfully constructed a structure on the property, it may be more costly to have the structure removed just sot he boundary line can be changed. Here, the judge might have them pay damages instead as a remedy for their actions.
Do I Need a Lawyer if I’m Involved in a Property Partition Dispute?
Property partitions can sometimes lead to some major legal disputes. You may wish to hire a lawyer if you need assistance dealing with a property partition dispute. Your attorney can provide you with the legal guidance and advice that is needed during the legal process. Also, your attorney can be on hand to keep you informed of any changes in the law that might affect the outcome of your case.
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Last Modified: 09-03-2013 10:58 AM PDT
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