Nov 05, 2018 · In arbitration, the phrase “multi-party” relates to the situation in which there are more than two parties to a contract. In such situations, the …
Following is the sixth in a series of posts from Parker Taylor Law Group reflecting on recent changes to the California Bar Association’s Rules of Professional Conduct (RPC), under the category of “Lawyer-Client Relationship,” focusing on “conflict of interest involving current clients.” The Rule of Professional Conduct, as revised, is as follows: Rule 1.7 Conflict […]
Jun 20, 2021 · A boundary dispute can also be for technical reasons; perhaps your neighbor's deed actually shows possession of the same bit of land over which your deed ostensibly gives you possession. There are different types of boundary disputes, and different approaches to solving them. Cooperation and diplomacy, however, are often the best solutions, no ...
Mar 11, 2016 · “The adjudicator may, with the consent of all the parties to those disputes, adjudicate at the same time on more than one dispute under the same contract.” Beck argued that because it had given no such consent (in fact, it had objected), it must follow that the adjudicator lacked the jurisdiction to deal with the two disputes simultaneously.
Neighbor law covers the many disputes that may occur between two individuals that live side by side. Of course, there are many sorts of disputes that can, and do, arise.
Other courses of action to deal with loud neighbors include: 1 Issuing a Stern Warning, 2 Hiring a Mediator, 3 Calling the Police, 4 Involving the HOA, 5 Filing a Lawsuit.
If you chose to file a lawsuit on your own, you must weight the benefits with the costs. The benefits may be a quiet neighbor, and even some extra cash. On the other hand, the cost of having an angry neighbor. And the costs of filing a lawsuit you may not win, may make the effort more trouble than it’s worth.
Encroachments can include: a fence built on your property, a shed which partially enters your property, or a garden bed which is partly on your land.
In arbitration, the phrase “multi-party” relates to the situation in which there are more than two parties to a contract. In such situations, the key issue which arises is the need to ensure that each of the parties, regardless of how many there are, receive equal treatment in the formation of the tribunal and throughout the arbitration.
Multi-contract disputes. Arbitral institutions have considered the likelihood of parties wishing to consolidate proceedings in order to enjoy the costs and time efficiencies which can be lost in conducting several proceedings under multiple contracts.
Arbitration is a consensual dispute resolution mechanism whereby the parties are free to agree the process which will be applied to resolve a dispute between them. Arbitration can be agreed between the parties upon a dispute arising or before a dispute arises by being selected as the dispute resolution mechanism contained within a contract entered into by the parties. The parties can elect to have the arbitration conducted under a set of institutional arbitration rules. These institutional rules include the “household names” such as the London Court of International Arbitration (“ LCIA “), the International Commercial Court (“ ICC “), the Singapore International Arbitration Court (“ SIAC “) and the Hong Kong International Arbitration Court (“ HKIAC “). These rules tend to follow each other, rarely distinguishing themselves significantly.
If agreement cannot be reached, the Board of the LCA will appoint the tribunal. With respect to the issue of “joinder” (i.e., the adding of a party to existing proceedings), slightly different approaches are taken with respect to joining to the proceedings a party who is not subject to the arbitration agreement.
The ICC Rules (Art 10) provide that at the request of a party, the ICC Court may consolidate two or more pending arbitrations where any of three conditions are met: (i) the parties have agreed to consolidation; (ii) all of the claims in the arbitrations are made under the same arbitration agreement; or (iii) where the claims are made under more than one arbitration agreement, the same parties are involved with the disputes arising in connection with the same legal relationship and the ICC Court finds that the arbitration agreements are compatible.
Arbitration is a consensual dispute resolution mechanism whereby the parties are free to agree the process which will be applied to resolve a dispute between them. Arbitration can be agreed between the parties upon a dispute arising or before a dispute arises by being selected as the dispute resolution ...
Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: Neighbors; Landlords and Tenants; Homeowner Associations (HOAs);
Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney.
A property dispute is a legal dispute that involves real estate. While it may sound relatively simple, the term “property dispute” covers a wide range of possible disputes over a wide range of property. The property involved could be anything from a vacant lot to a home, deck, condominium, manufactured home, pond, driveway, ...
An injunction, sometimes referred to as a “cease and desist” order, is a judicial order that requires a person to do or stop doing a specific action. In some cases, the court may use a judicial sale of the property to remedy the situation.
Judicial sale also occurs in partition actions, where co-owners of a property no longer want to be co-owners. In a partition action, the court may order the property sold and the proceeds distributed among the co-owners according to the proportion of their ownership of the property.
Or, for instance, if a neighbor cuts down one of your trees, you may be entitled to monetary damages (like the value of the tree). Quiet title actions are a specific type of lawsuit used to determine legal ownership of a property, and are more common when the chain of title in the public record is incomplete.
Generally speaking, a “cloud” on title refers to any irregularity or outstanding claim in the chain of title to the property. Usually this means that there is an unresolved claim, a lien, or some other encumbrance on the property that would prevent transfer of ownership from one party to another.
You can avoid these problems by creating a written agreement that spells out each party’s rights, obligations, and how to resolve future disputes.
If you think you may be in a property dispute, you should be prepared for a lot of research, paperwork, and some time with a lawyer. Fortunately, you can often avoid a costly battle in court. Read on to learn what to do about your situation and what you can expect to happen in the coming weeks and months.
No one likes property disputes. Most real estate owners and tenants just want to be left in peace to continue what they were doing, whether that was living on a property or constructing a new building. Unfortunately, disagreements often arise about who owns a piece of land, whether a landlord or tenant was holding to their end of the lease, or who should pay for damage.
When someone does not live up to their obligation in a contract related to a property, the other party can pursue damages for their losses. For example, if a tenant fails to follow the rules outlined on a lease or a homebuyer does not pay the agreed price to the seller, they may be found in breach of contract under the law.
Real estate fraud happens when a party intentionally misleads another party in order to get more money or another desired resource out of a negotiation. Common types of real estate fraud include straw buyer schemes, illegal property flipping, and predatory lending.
Boundary Disputes. Boundary disputes can arise between neighbors when they disagree on where the property line lies. These disputes are more likely to occur if the property boundaries were never clearly registered or a practical property line supersedes the legal line.
There’s no single way to settle a property dispute. Sometimes, the parties in a dispute can negotiate to come to an agreement without a battle in court. In other cases, you may need to fire a complaint. If you wish to avoid litigation, consider mediation.
There are different types of boundary disputes, and different approaches to solving them. Cooperation and diplomacy, however, are often the best solutions, no matter which side of the fence or property line you’re on. A lawsuit against a neighbor is seldom a good idea.
Your second option is to sue for a declaratory judgment. This is a way to put your dispute in front of a judge, who will make a legal determination as to whether or not you own the subject land.
Neighbors rarely begin random arguments over boundaries. More often, boundary issues arise when a property owner makes improvements or changes —erects a new fence or wall, for example. A dispute against a neighbor might soon become ripe for a lawsuit if the neighbor: 1 constructs an improvement that clearly crosses a property line 2 fails to obtain building permits before starting work or installations 3 doesn't obtain approval from a required source such as a city or town planning commission or homeowners’ association 4 builds an improvement that violates a state law, local ordinance such as a zoning restriction, or the covenants, conditions and restrictions (CC&Rs) of a homeowners’ association. 5 constructs an improvement that violates a restrictive covenant (a clause in a deed limiting property use), or 6 interferes with an established property use, such as by blocking a path or driveway.
They say good fences make good neighbors. Indeed, having a clear sense of boundaries — where your land ends and your neighbor's begins — is critical in maintaining a good relationship. Because your land —and your neighbor's—is probably your most valuable asset, boundary disputes can become heated very quickly.
Neighbors rarely begin random arguments over boundaries. More often, boundary issues arise when a property owner makes improvements or changes —erects a new fence or wall, for example. A dispute against a neighbor might soon become ripe for a lawsuit if the neighbor: constructs an improvement that clearly crosses a property line.
A boundary dispute might be a question of confusion or uncertainty. Perhaps neither you nor your neighbor has ever really looked at your respective deeds, and both had different assumptions about the extent of your property. A boundary dispute can also be for technical reasons; perhaps your neighbor's deed actually shows possession ...
First, you can sue for continuing trespass or ejectment. In a continuing trespass or ejectment action, you are asking a judge (typically a state court judge) to find that your neighbor is trespassing on your land, and further ordering that the neighbor remove him- or herself and any possessions.
Co-owners may voluntarily agree to partition their ownership rights and divide the property. Such agreements are generally enforced unless they adversely affect the rights of another person. If all owners don't agree to the partition, one owner may file a lawsuit asking the courts to compel a partition.
The right to partition is an "absolute right," which can be restricted only by law, written waiver, or a provision in a will. The right can be used at any time, even if it's not referenced in a contract. Partition is a remedy that's usually favored by courts, for the sake of maintaining peace between the parties. In other words, assuming that you meet the various legal requirements for partition in your state, your partition suit should be readily granted.
The law offers something called a partition action, which can be brought to divide the property into individual shares among the owners, allowing you to move forward with your share independently. A partition, or division, of property can be arranged on a voluntary basis if all owners agree to it.
Before looking at paragraph 8 (1) of the Scheme for Construction Contracts 1998, Coulson J considered the number of disputes that had been referred in adjudications two and three. He observed that, if it was only one dispute, even though it was being heard in two separate adjudications, then Beck’s objection to the adjudicator dealing with two disputes at the same time would fall away.
Coulson J concluded that the correct interpretation of paragraph 8 (1) is that there cannot be more than one dispute referred to the same adjudicator at the same time without the parties’ consent. That plain reading of the paragraph presented Deluxe with an “insurmountable jurisdictional hurdle”.