When to consult a Lawyer in a Property Dispute
Picture this. You've bought your dream home, but something happens. Your neighbor has built a massive fence that blocks your view. Or you’re facing a disagreement with a family member over property inheritance. These kinds of situations can be a nuisance. But fear not! This is where a lawyer comes in. So, let’s get started on your journey from property feuds to the freedom and peace of mind you deserve.
Understanding Property Disputes
Property disputes can occur due to misunderstandings or a party’s lack of cooperation. Examples include ownership disputes or trespassing. In any case, we recommend you enlist the help of a lawyer. That way, they can guide you through the dispute in the best way possible.
Cases of Property Disputes in which you will need help from a Lawyer
Unfinished Projects due to Delayed Construction
Certain projects such as condos or villas may not finish their construction in time. In most cases, you can request a contract termination with a refund or strike a new deal with the project. If the project doesn’t refund your money, you have the right to sue the project as a last resort. Be mindful, though. The lawsuit may take time. Lawyers, and the Office of the Consumer Protection Board all have a heavy workload. Which can delay matters.
Read More:
Ownership Disputes
Ownership disputes can happen for various reasons. Examples include inheritance disagreements or false ownership claims. A lawyer can help guide you through this tricky situation. They’ll check documents and agreements, and figure out who owns what. If needed, they can also help you go to court to fix the issue.
Encroachment
Let’s say your neighbor builds a fence that extends into your house. Or, for something bigger, a tall building blocks nearby houses and properties. This is a common occurrence in rural areas of Thailand involving agricultural land. Enlisting the help of a lawyer will help address the situation. With a lawyer, they can review property records and navigate the zoning regulations.
Section 1312: Good Faith Encroachment
If someone builds a structure on someone else's land without knowing it's not theirs, they can become the owner of the building. But, they must compensate the landowner for using the land and record their rights to use the encroached area as a servitude. If the building is completely destroyed later on, the landowner can ask to remove the recorded rights.
Section 1311: Bad Faith Encroachment
If someone built on someone else's land without permission, they must return the land to its original state unless the landowner decides to keep it as is. In that case, the landowner can choose to either pay for the building or pay an amount equal to the land's increased value.
Contract Breach
A contract breach is self-explanatory.It's where one party does something that breaches or violates the agreed terms of the contract. Such disputes can result from building specifications, payments, or other terms and conditions. But here’s where the lawyer comes in. Some lawyers are experts in contract law. They’ll check the contract and see if the other person followed the terms or not. Then, they’ll help you figure out what to do next. Sometimes, it means talking to the other party and working out a solution. Other times, it might involve going to court.
Landlords and Tenants
Landlords can sue a tenant in the event of continued delays in rent payment. Tenants can also sue the landlord if the former attempts to cut their electricity or lock them out in the event of a late rent payment. In both cases, a lawyer will make sure everyone plays by the rules and that you’re treated with fairness.
Sometimes, tenants might have a tough time paying rent on time, and it becomes a problem. In some cases, the landlord might sue tenants for property damage or continued cases of noise disturbance. When it’s the last resort, a landlord might decide to sue. Think of the lawyer as a problem solver. They’ll look at the rental agreement, the payment history, and the laws in your area. If the tenant hasn’t paid, the lawyer can help the landlord take the right legal steps. This might involve going to court. It’s like having a rulebook to make sure everyone follows the rental rules.
If your landlord attempts to evict you with force even though your rent is late, a lawyer can be your advocate. They’ll check your situation and agreement, then figure out if the landlord broke any laws. If they have, the lawyer can help you take legal action to protect your rights as a tenant. It’s like having a guardian to ensure your living conditions are safe and fair.
Trespassing
Trespassing is when one breaks into a private property without the owner’s permission. If the trespasser does damage to the property, the owner has the right to sue the trespasser.
As stated in Section 364 of the Trespassing Act:
Whoever, without reasonable cause, enters or hides himself in a dwelling place, store-house or office under the possession of the other person, or refuses to leave such place after having been told to do so by the person having the right to forbid him from entering, shall be punished with imprisonment not exceeding one year or fined not exceeding two thousand Baht, or both.
They’ll verify the trespasser’s innocence and intention in trespassing. If the trespassing was intentional or resulted in damage, the lawyer can help you take action. They may ask the person to leave or even involve the police if necessary.
Adverse Possession
Adverse Possession happens when a third party gains the title to a property. In this case, the legal owner does not receive compensation or engagement in any contract. The third party gains ownership rights by owning the property for a specified period of time, which conflicts with the original owner’s rights.
Section 1382 of Thailand’s Civil Commercial Code (CCC) provides a basis for the idea of Adverse Possession. It states that:
- The property must belong to another person by title deed registration.
- The possessor must possess it in an open and peaceful manner without intimidation or force.
- The possession must continue uninterrupted for at least a decade.
- The possessor must possess the property with the intention for ownership.
The lawyer will work to show that you’ve been taking care of the place and verify the owner’s abandonment. They’ll help you make your case and ensure you have a fair shot at keeping the property you’ve been living on for so long. In a way, the lawyer is your legal champion in this property ownership adventure.
Stay Protected with the help of a Lawyer
In conclusion, property disputes can cause real problems. But, they don’t have to. Knowing when to consult a lawyer can be your ticket from feuds to freedom. These legal experts are here to guide you through the twists and turns of property conflicts. They ensure people are following the rules, and your rights stay protected. So, don’t hesitate to reach out for help, and let them help you find that path to resolution and tranquility. Your property is your sanctuary, and with the right legal support, you can enjoy it to the fullest.
Stay safe and sound, make your next move with us! Just put your hand up and our property consultant team will be very happy to answer your questions.
