Property litigation: how to avoid it

by Dewar Hogan on September 16, 2013

Contractual disputes, adverse possession, dilapidations and boundary disagreements. Just uttering these phrases is enough to strike fear into the heart of any commercial property management company.

However, with so much capital and rights of parties hanging in the balance, the whole area of property management can be a potential legal minefield. An otherwise rewarding profession can be overshadowed by lengthy and costly property litigation procedures unless steps are taken to avoid them.

Call the experts

The best advice when it comes to property litigation is to not get into the situation in the first place – but how often is this simple advice ignored? Still, if a management company finds itself in legal hot water the next best thing to do is secure the services of professionals like  Dewar Hogan’s property litigation solicitors, who can work to help you overcome the ordeal.

One of the biggest mistakes a firm can make is trying to resolve a legal issue without consulting an expert. This can very quickly and easily lead to more expense and headache in the long run.

Get it in writing

A company should seek the advice of a legal professional when drawing up contracts. Acting in its best interests, a pro will not allow a client to miss the red flags. Nowhere is this truer than in getting all of the terms and conditions in writing. A well-drawn up contract is worth its weight in gold because every aspect of the agreement is spelt out clearly and shows that a company means business.

An important aspect of contract writing is ensuring that all affected parties absolutely understand the legal language and its real implications. Again, expert advice at the start could save legal headaches and costs later.

Middle ground

If a property management company finds that it is facing legal procedures, there is one way to avoid court that could be to the benefit of all involved; mediation. Mediators are professionals who are experienced in resolving legal differences for the benefit of all parties involved.

The emphasis is on avoiding court dealings, stress and high legal costs. This solution is ideal if the situation hasn’t progressed to a stand-off. However, sometimes a dispute is too far gone and it is necessary to call in the services of professional litigation solicitors for expert advice and damage control at the very least.

Dewar Hogan

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