Category: Property Disputes

Exploring Different Types of Property Disputes and How Mediation Can Help – Guest Post


Property Disputes

Property disputes can arise in various situations, often leading to conflicts and legal battles between the parties involved. These disputes can occur in residential, commercial, or even agricultural settings and can involve issues related to ownership, boundaries, leases, or usage rights. Resolving such conflicts through litigation can be costly, time-consuming, and emotionally draining for all parties involved. However, an alternative method called property mediation offers a more efficient and amicable approach to resolving property disputes. This article will explore different types of property disputes and how mediation can help in achieving mutually satisfactory resolutions.

Types of Property Disputes 

Various types of property disputes can be solved with the alternative and exclusive approach of authorities. There are several parties involved in resolving a particular dispute. Property mediation services provide legal support to proceed with the case and help you get authoritative rights over the land matters with the agreement.

1. Boundary Disputes 

The common type of property dispute involves conflicts over boundary lines between adjacent properties. Such disputes can arise due to unclear or disputed property descriptions, encroachments, or disagreements over the location of fences or structures. Boundary disputes can often lead to strained relationships between neighbours and can have a significant impact on property values. Mediation can play a vital role in resolving boundary disputes by bringing together the parties involved to discuss their concerns, review relevant documents, and explore potential solutions that accommodate the interests of all parties.

2. Landlord-Tenant Disputes 

In the realm of property disputes, conflicts between landlords and tenants are not uncommon. Disputes may arise over issues such as rent increases, lease violations, maintenance responsibilities, security deposit disputes, or early termination of leases. Property mediation services in Melbourne offer a constructive platform for landlords and tenants to engage in open dialogue, express their concerns, and seek mutually agreeable resolutions. Mediators can help parties clarify their rights and responsibilities, foster better communication, and assist in finding creative solutions that meet the needs of both parties.

3. Construction and Contractual Disputes 

Construction projects often involve multiple parties, including property owners, contractors, subcontractors, and suppliers. Disputes can arise due to disagreements over contract terms, delays, work quality, payment issues, or changes in project scope. Resolving construction and contractual disputes through litigation can be costly and time-consuming. Mediation provides an opportunity for all parties involved to negotiate and find common ground. A skilled mediator can help identify the underlying interests of each party, facilitate effective communication, and guide the development of mutually beneficial agreements.

4. Easement and Access Disputes 

Easement disputes involve conflicts over rights of access or usage of property by another party. Examples include disputes over shared driveways, access to common areas, or the use of private roads. These disputes can be particularly contentious as they directly impact the enjoyment and use of a property. Mediation offers a forum for parties to discuss their concerns, explore possible compromises, and develop practical solutions that balance the interests of both sides. By engaging in a constructive dialogue facilitated by a mediator, the parties can find mutually satisfactory resolutions.

The mediation services can support you to a major extent in the documentation and provide sufficient information or evidence required to get the final settlement in your favour.

5. How Mediation Can Help 

Mediation provides several advantages over traditional litigation when it comes to resolving property disputes. You can get some of the major and common benefits mentioned below.

  • Cost-Effective

Mediation typically involves lower costs compared to litigation. Parties involved in property disputes can avoid substantial legal fees, court expenses, and the lengthy process associated with litigation.

  • Time-Efficient 

Mediation offers a quicker resolution process compared to litigation, which can take years to conclude. Property settlement mediation allows parties to actively participate in negotiations and find a solution that meets their needs in a more timely manner.

  • Control and Empowerment

Mediation empowers parties to have control over the outcome. Unlike a court decision, which may not fully satisfy either party, mediation allows for creative and customised solutions that address the specific concerns of the parties involved.

  • Preserving Relationships 

Property disputes can strain relationships, especially in cases involving neighbours or long-term business partners.

Mediation can resolve matters quickly and at a comparatively low cost. The mediators charge a nominal fee from the parties to resolve the dispute by presenting an agreement that fulfils the needs and requirements of both parties. Mutual agreement is the best way to resolve property disputes by compromising equally on certain grounds.


Mediators in property mediation sessions present realistic assessments of alternatives that are acceptable for the parties. The financial settlements are done on equal grounds with distribution or authorities over the correct principles and laws. Conflict resolution in property matters requires proper documents, proof and a valid reason or root cause of conflict. An experienced mediator can help you in resolving the matter real quick with the proper settlement.

5 Tips For Dealing With Property Disputes In The Family- Guest post


family dispute

Property disputes – this is one of the most common problems faced by many families, especially those who co-own a property and aren’t on the same page as to what needs to be done with it (whether to sell the property or keep it).

Most of the time, family members get the ownership of a property through inheritance. There are, however, times when they get to own it because of a business venture not working out. Either way, it usually results in them not knowing what’s to be done and how they can avoid this situation from driving a wedge between their family.

If you’re facing the same problem and aren’t sure as to how you should be approaching this situation and solving it without causing major disputes, you’ve come to the right place!

In this article, we’ve put together 5 tips from professional family/charity solicitors to help you deal with property disputes the right way.

Let’s take a look!

1. Choose a Settlement or Early Mediation Conference

If you’re unable to find a middle ground for the ongoing property dispute with your family, it’s best to seek assistance from a third party. This could be anyone from a family friend to a family/charity lawyer or judge.

By conducting an early mediation or settlement meeting, you can easily resolve the differences with your shared owners and other family members. This will also help save a lot of money, animosity and stress; for both the parties involved, of course!

2. Crunch the Numbers

In case of property disputes, most of the partitioning cases hardly get off the ground. This is primarily because family members are unable to come to a decision without a good hold on numbers – the accounting numbers!

You see every partition case includes accounting which basically means understanding who has the right to repayment for the money being shelled out for the common benefits. These expenses normally include categories like property taxes, repairs to the property, mortgage payments and property insurance.

Without a strong hold on all these costs, resolving a property ownership dispute is going to be very difficult.

3. Set Your Objectives Beforehand

More often than not, the common issue related to property co-owned by family members is that all of them have different objectives and stick to the ones that they feel is right.

This is why it’s essential for you to discuss your goals beforehand and assess whether the family members would want to sell the property or do you have to buy out the others. In doing so, you’ll be able to understand the role of the property and the value you’ll get out of it.

4. Figure Out What the Property Is Worth

When you talk about property dispute cases, its value is often the tail that wags the dog!

Most families find it difficult to resolve their partition disputes mainly because they don’t agree to the value that’s being put out for the potential buy out by a particular family member.

The best way out here is to list the property for sale and then figure out its true market value. However, if a specific family member is trying to buy the other one out of the property, then it’s unlikely that they’d agree with the market value.

This is where you can seek assistance from an appraiser.

An appraiser is someone who will share their opinion on the market value of your property which you could later use as the foundation for your buy or settlement.

5. Seek Assistance From a Charity/Estate Lawyer

While this might seem like a plug, in reality, seeking assistance from a solicitor is extremely crucial especially when it comes to protecting your rights.

Not only are these lawyers experienced in this field but have also handled several property dispute cases. Moreover, they can help you and your family members easily navigate through your rights and responsibilities.

Since they know what the law would provide and adding their years of experience to the mix about understanding the judges’ decision, lawyers can help determine areas that need a firm holding and areas that you can compromise on.

Being a part of this field for quite some years, lawyers know the entire process inside out, meaning they can give you the right advice and guide you through the proceedings.

To Conclude

There’s no doubt that any issues involving our family members are extremely delicate and a property dispute case is no exception!

This is exactly why it’s important for you to take cautious steps while also seeking assistance from the right person, like an experienced property estate/family attorney, as they’ll help you and the entire family in the right way!