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Title & Boundary Dispute Law in California

Finding out that property lines are improperly drawn and learning that you have been partially occupying your neighbor's land, or vice versa, can cause some very serious legal issues.

Ideally, the neighbors could just dismiss the situation, and go on as they had before, effectively agreeing to change the property lines to reflect their past use. This doesn't always happen, however. Also, such a course of action is not free of issues, and could eventually result in ownership of the land legally changing to reflect the past use, even if one of the neighbors opposes this.

Therefore, neighbors more often end up in some type of legal dispute over whether and to what extent the property lines should be enforced. Obviously, when the property lines are changed, one neighbor wins, and the other loses. It should come as no surprise, then, that legal fights are often the result.

In addition to the boundary disputes mentioned above, land owners and buyers in La Mesa, California should also be aware of the possibility of a title dispute. Rather than being a disagreement over the exact boundaries between two pieces of land, a title dispute is a disagreement over who actually owns an entire plot of land. Uncertainty over ownership of land can come up more often than you might think, and is most often caused by a buyer's failure to correctly record a deed, or the accidental loss or destruction of a deed. Sometimes, however, these disputes can be more dishonest in origin: on occasion, unscrupulous sellers of land will attempt to sell the same parcel to more than one person. Obviously, once you've sold land to one person, you can't sell the same land to anyone else, as you no longer own it. These tricksters know this, but are attempting to gain a large amount of money through the multiple sales. Once this is done, they usually attempt to flee the state or country before the buyers discovery they've been duped. This leaves it up to the buyers to figure out amongst themselves who owns the land.

Possible Outcomes of Boundary and Title Disputes in La Mesa, California

One way to resolve boundary disputes is to simply re-draw the property lines to reflect what the neighbors thought they were all along. When this happens, nobody's case changes, and it's generally considered a neutral result (causing no significant loss or gain to either party). This is often done if both of the neighbors knew about the actual property lines for many years, and didn't do anything about it. A court might also take this course of action if enforcing the property lines would impose a significant hardship on one of the parties, not outweighed by the overall benefits of doing so.

On the other hand, a court could determine to take the opposite approach, and order the neighbors to abide by the legal property lines. When deciding which course of action to take, courts consider many factors, but majority of them boil down to common-sense principles of fairness. For instance, if the owner of the land who was encroaching onto his neighbor's land knew of the encroachment, and hid this fact from the other neighbor (hoping to continue to use more land than he paid for), that will weigh heavily in favor of enforcing the legal property lines. On the other hand, if neither neighbor knew about the error, and it turns out that the actual property line goes through somebody's living room, a court likely won't enforce them.

When a title dispute comes up in La Mesa, California, the court has to apply some pretty complicated legal and equitable principles. These rules are sometimes very obscure, mainly because they can trace their origins back hundreds of years, to the common-law courts of England. However, a close examination of them reveals their basic goal: deciding ownership disputes based on longstanding conceptions of basic fairness.

Suffice to say, you'll want the assistance of an expert on this subject. In general, however, you should know that courts almost always rule in favor of the buyer who first recorded the deed, AND (not "or") didn't have knowledge of any previous conveyances. This protects the buyer who was most diligent in vindicating his own rights, and acted in good faith (obviously, a buyer who knew about a previous sale of the same land isn't acting honestly).

What Can A La Mesa, California Attorney Do?

The legal issues surrounding title and boundary disagreements can get pretty perplexing, and there are usually very high stakes involved (most people think their land is pretty important). For that reason, a good La Mesa, California real estate attorney will prove invaluable if such a dispute arises.

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Life in La Mesa

La Mesa, California is a city in San Diego County, California. It has a population of about 57,000 people.

La Mesa is a quiet, middle-class community. Its median household income of about ,000 per year, which is roughly in line with the national average. About 9% of its population lives below the poverty line, which is somewhat less than the national average. La Mesa, California directly borders the city of San Diego, which is the second-largest city in California, and a major economic hub for the area, with industries like shipbuilding, ports, tourism, and the military all having a large presence in the area.

These industries employ people in a wide range of fields, including many white-collar professionals such as La Mesa, California lawyers.

Many of these professionals live in La Mesa, California to take advantage of the quiet, affordable nature of a suburb, while still having access to the amenities and economic opportunity that only a big city can offer.

If you live in La Mesa, California, and need legal services, chances are good that there's a La Mesa, California attorney who can help.

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La Mesa Boundary Dispute Lawyers and La Mesa Title Attorneys

Title & Boundary Dispute Law in California

Possible Outcomes of Boundary and Title Disputes in La Mesa, California