A property dispute may concern legal title, actual possession, a boundary or the way co-owners use jointly owned property. The correct claim depends on the right that requires protection.
Ownership and Possession
An ownership claim requires proof of the claimant's legal basis for acquiring title. Possessory protection is narrower and focuses on factual control and interference, without necessarily determining final ownership. Confusing these remedies can lead to an ineffective litigation strategy.
Relations Between Co-Owners
Where agreement is impossible, the court may allocate use of jointly owned property. A co-owner denied personal use after making a written demand may, subject to statutory conditions, claim compensation. Maintenance costs and improvements are also allocated according to their legal basis and benefit.
Evidence
Key evidence includes title deeds and other acquisition documents, certificates of heirs, plans, registration history, witness evidence and technical expert reports. In a boundary dispute, the cadastral map does not always determine ownership.
Consultation
A complete document set and a clear account of who possesses and uses the property are required.
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