It doesn’t matter what type of industry you’re talking about – whenever two parties need to come together to negotiate, you will always experience some type of conflict along the way.

This is especially true in real estate, where sudden conflicts regarding property ownership can bring a deal with even the best intentions to its proverbial knees.

If you’re not running into some type of legal challenge in that who actually owns the property is in dispute, you might have to deal with interpersonal situations. This often happens in a situation where a property may be a “family home” and multiple family members are involved. Thankfully, all hope is not lost. There are a number of practical strategies that you can use to effectively address and resolve these types of conflicts over property ownership. You just need to know as much about the situation in front of you as possible and keep a few key things in mind along the way.

The Intricacies of Ownership Rights

Whenever you’re engaged in some type of conflict over real estate ownership rights, the first thing you should turn to is the law. Who legally owns the property, and how does that conflict with what you’re being told?

Keep in mind that while a property can absolutely have a single owner, it can also have multiple. A property owner could be a person, a company, a trust, or some other type of entity. A combination of entities could even own it. The point is that sometimes ownership rights are a lot more difficult to untangle than they first appear.

Historically, a title search, often conducted by a real estate attorney, was the standard go-to strategy to determine ownership history. With the evolution of digital data, it is now possible for investors, real estate agents, or regular, everyday inquirers to quickly uncover and document the true ownership rights of the property in question through skip tracing techniques. 

Skip tracing, in general, is most commonly used to find people who might not want to be found. But when it comes to real estate, skip tracing can also be a great way to get to the bottom of certain types of property disputes like this. This can save a tremendous amount of time and costs before making the decision to seek help from a real estate attorney. 

The Power of Open Communication

Another practical tip for resolving real estate ownership disputes is to engage in open communication with the disputing parties whenever possible. This may not necessarily help you resolve the situation faster, but it can absolutely help maintain a level head for everyone involved.

Going back to the legal side of ownership disputes, open communication will certainly come into play when creating clear contracts and agreements. If you’re about to enter into a transaction and want to avoid a dispute in the future, work with a legal professional to construct the clearest contracts and agreements that you can. Everything should be spelled out in great detail so that nothing can be contested in the future.

If you’re already involved in a dispute, return to those contracts and agreements and see what they say. Make sure that everyone understands the situation as it exists on paper, and be transparent with everyone. At the very least, you’ll get everyone on the same page in a way that may lead to a faster resolution moving forward.

Mediation and Arbitration Options

Sometimes, resolving real estate ownership disputes on your own isn’t possible, no matter how hard you try. In these cases, mediation and arbitration can be valuable tools, offering impartial third-party assistance to facilitate resolution.

• Mediation involves a neutral third party who helps the disputing parties communicate and negotiate. The mediator doesn’t make decisions but guides the conversation to help both sides reach a voluntary, mutually agreeable solution. While the outcome of mediation is not legally binding unless a formal agreement is signed, it can help preserve relationships and avoid the expense and formality of litigation.
• Arbitration, on the other hand, is more formal and functions similarly to a court proceeding. An arbitrator listens to both sides and makes a legally binding decision, which the parties must follow. Unlike mediation, arbitration results in a definitive resolution, often faster and more cost-effective than taking a case to court.

Both options can help parties set aside emotions and focus on the facts of the matter, leading to quicker resolutions. Mediation is often preferred for more collaborative disputes, while arbitration is suitable when a binding decision is needed. Either way, these approaches offer alternatives to litigation and can lead to a fair resolution, even if it’s not the outcome everyone initially hoped for.

Don’t Neglect Research

Throughout all of this, don’t underestimate how important it is to do your own research whenever possible. Don’t rely on someone else’s word, or even their memory, to provide you with the “actionable information” you need to resolve a real estate ownership dispute.

Look into public records and see what the facts say. If nothing else, try to paint the clearest picture possible going into the situation so that you have nothing but objectivity to work from.

Ask for Help When Necessary

Finally, don’t be afraid to ask for professional legal assistance should the situation call for it.

Keep in mind that real estate ownership is a complicated process, and that’s before you get into the intricacies of handling some type of dispute. No matter what, you always want to make sure you’re protected. From a legal point of view, you might not necessarily be able to do that on your own.

Lawyers with real estate-specific experience exist for a reason. It would be a shame not to take advantage of their expertise. At the very least, an investment in legal help today might help you avoid an even bigger (and more expensive) ownership dispute down the road.

A Tailored Approach to Resolving Ownership Disputes

In the end, these are just a few of the many practical tips that you can use to resolve real estate ownership disputes as quickly and as efficiently as possible. Really, they’re designed to equip not only property owners but also investors and other real estate professionals with the tools needed to handle anything that life happens to throw at them.

Remember that not all real estate transactions will be created equally. Every family, for example, is unique. Therefore, the “rules” that help you resolve a family dispute over property ownership may be woefully inadequate for the next.

Always start by collecting as much actionable information as you can. Who are the players involved, and what are their interests? What does the law say should happen in a situation like the one you find yourself in? Once you start from that foundation of truth, you can then work your way backward to the practical tips outlined above that will help you handle ownership conflicts as efficiently and as equitably as you can.