Property Barristers in Action
Property barristers in the United Kingdom have a lengthy history of helping settle disputes between parties regarding leases and real estate transactions. The system, in terms of division of labor, is similar to that of its former colonies in the United States, Canada, and Australia. It is only when one turns to countries in places like Latin America, that we start to see some differences that show those countries to be historically more aligned with the Roman model.
In Argentina and Mexico, for example, professional notaries handle many of the routine real estate transactions and disputes between parties. Slightly less formal than an actual barrister, the notaries tend to have less education, though not that much less prestige. In those countries, they, in fact, represent a less formal way to handle disputes.
To be sure, however, serious real estate disputes in Latin countries are still handled by property barristers. A couple of years ago, Donald Trump put his name on a building in Rosarito, Mexico. It turned out that there were some disclosure problems during the process, and so he went to court with some of top property barristers to remove his name from the project. His opponents also hired barristers, claiming that Trump knew the situation when he signed his name on the project that ultimately failed; and that disclosures had been fully satisfied. Trump and his legal team were victorious.
For the countries that do utilize property barristers for a full range of duties regarding real estate, clients will receive attention in a variety of matters that include leasehold transactions and land-use restrictions. Property barristers have been instrumental in both defending and prosecuting land-use cases for a variety of clients. A typical case in Southern California a few years ago, involved a building that was built right next to an airport runway. The building was taller than it was allowed to be according to the court, and property barristers helped cause the owners to remove the top floors of the building. Other property barristers defended the building's owners, who contended that a separate set of land use guidelines held sway.
Another typical scenario in which a barrister can be of service is when surveyors make a mistake in preparing deeds or land boundaries as a property is sold or prepared for sale. The CEO of an American company recently found out that her vineyard was 10 hectares smaller than it actually was on paper due to a surveying error. She utilized the services of a barrister to make some corrections to the purchase price successfully.
In Argentina and Mexico, for example, professional notaries handle many of the routine real estate transactions and disputes between parties. Slightly less formal than an actual barrister, the notaries tend to have less education, though not that much less prestige. In those countries, they, in fact, represent a less formal way to handle disputes.
To be sure, however, serious real estate disputes in Latin countries are still handled by property barristers. A couple of years ago, Donald Trump put his name on a building in Rosarito, Mexico. It turned out that there were some disclosure problems during the process, and so he went to court with some of top property barristers to remove his name from the project. His opponents also hired barristers, claiming that Trump knew the situation when he signed his name on the project that ultimately failed; and that disclosures had been fully satisfied. Trump and his legal team were victorious.
For the countries that do utilize property barristers for a full range of duties regarding real estate, clients will receive attention in a variety of matters that include leasehold transactions and land-use restrictions. Property barristers have been instrumental in both defending and prosecuting land-use cases for a variety of clients. A typical case in Southern California a few years ago, involved a building that was built right next to an airport runway. The building was taller than it was allowed to be according to the court, and property barristers helped cause the owners to remove the top floors of the building. Other property barristers defended the building's owners, who contended that a separate set of land use guidelines held sway.
Another typical scenario in which a barrister can be of service is when surveyors make a mistake in preparing deeds or land boundaries as a property is sold or prepared for sale. The CEO of an American company recently found out that her vineyard was 10 hectares smaller than it actually was on paper due to a surveying error. She utilized the services of a barrister to make some corrections to the purchase price successfully.
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