Ownership and Management
Some of the most difficult problems faced by
owners and occupiers of property arise not from the purchase,
sale or development of the property, or from construction
on the property, but from day to day ownership and management
decisions and disputes. Issues may arise among common owners,
and they may not have a written agreement that addresses the
problem – or the agreement may be so general that it
provides no guidance. Easements, whether expressly provided
for in the deeds or implied by circumstances occurring over
time, generate very difficult issues for adjoining landowners.
Often family members, co-owners or businesses consider changing
the form of the ownership entity. An owner may decide simply
to turn management of the property over to a professional,
and decisions must then be made about the appropriate and
customary terms of such an agreement. And there may come a
time when a property tax assessment needs to be appealed.
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