An encroachment is an unauthorized intrusion onto a neighboring property through the creation or extension of a physical structure (including flora) above or below the surface of land.

Common remedies in the event of an encroachment include neighborly negotiation, the sale of relevant land, or injunctive relief.

The condominium regime contains the rules and regulations of the development. It also includes the legal documents of the property including location, description, and measurements of the property, including the private units and common areas of the complex. The regime also contains construction or renovation permits, licenses, the blueprints, a common shares table, and the appraisal.

Detailed procedures are outlined in the regime regarding the collection of maintenance fees and the reserve fund, including the amount and schedule of payments, the processes of voting on a surveillance committee, holding assemblies, by laws and the process for changing or updating the bylaws, the rules of common areas, and any issues foreseen by the law and the condominium regime.

It should contain detailed rights and obligations of the owners, providing the legal description of the private units and identifies the percentage of the common property corresponding to each owner. This percentage is typically used to determine the voting right the owner has in the assemblies and defines the co-owners’ common property expenses/fees.

These are disputes between landlords and tenants over rent payment, property damage, return of security deposits, repair and maintenance of facilities, etc.

The insurance claims process differs slightly from one type of insurance to the next, but the fundamentals are virtually the same. The policyholder suffers a loss (damaged property, injury, illness, death of a loved one, lawsuit, etc), then notifies the insurer about the loss. The insurer then investigates the claim to ensure that it is in fact legitimate and to determine exactly how much it will pay out. If the insurer denies a claim, either because it isn’t covered or it is determined not to be legitimate, the policyholder typically has an opportunity to appeal the denial.

Insurance claims service covers the basics of insurance claims, including the process for appealing a denied claim, how to sue an insurer for acting in bad faith, whether you need an attorney to help protect your rights, and more.

Suing for debt. Court proceedings commence with the filing of a Statement of Claim. In such disputes, the creditor must initiate court proceedings against the debtor. Even in the case of secured debts, the creditor cannot enforce the security interest without a court order.

On the other hand, unsecured creditors may seize the debtor’s assets to secure the future monetary judgment of the court. Once the judgment becomes final, the court will put the seized collateral or asset up for sale, and its proceeds will be used to pay the debt.

Contract disputes usually occur when a party breaches the contract, which means they do not do what they have promised to do in the agreement. Types of contract breaches include:

Trademark protection refers to safeguarding intellectual property rights to protect a trademark from counterfeiting and infringement. A trademark is an established or legally registered mark that identifies a manufacturer’s unique goods and services. The owner of a distinctive mark can apply to receive trademark protection. However, trademark protection also requires you to continually use the mark in commerce.

To protect your trademark from infringement and counterfeiting, you need to make sure your mark is not used by others, and you need to bring legal charges against those who use your mark without permission. By conducting research, you can develop a strong trademark or service mark that other competitors will find difficult to steal.

The goal of mediation is for a neutral third party to help disputants come to a consensus on their own. Rather than imposing a solution, a professional mediator works with the conflicting sides to explore the interests underlying their positions.

Mediation can be effective at allowing parties to vent their feelings and fully explore their grievances. Working with parties together and sometimes separately, mediators can try to help them hammer out a resolution that is sustainable, voluntary, and nonbinding.

In arbitration, a neutral third party serves as a judge who is responsible for resolving the dispute. The arbitrator listens as each side argues its case and presents relevant evidence, then renders a binding decision. The disputants can negotiate virtually any aspect of the arbitration process, including whether lawyers will be present at the time and which standards of evidence will be used. Arbitrators hand down decisions that are usually confidential and that cannot be appealed. Like mediation, arbitration tends to be much less expensive than litigation.

The expert reports are legal opinions that are prepared by a litigation attorney specialized in several practice areas, to provide guidance regarding a specific case or legal situation.

Mexlaw has participated as legal experts in the English court in a tort law case, where one of our attorneys testified on the interpretation of the law in Mexico.

MEXLAW will help you administer individual and collective hiring of employees, assisting in the reconciliation of labour disputes and guidance with regards to aspects of Mexican labour law for the proper administration of employee activities.

MEXLAW provides professional legal defense in criminal and professional matters, ensuring that you have a fair trial and protecting your rights in Mexico’s Criminal Courts. We also provides legal defense in matters of deportation and extradition.