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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.

Sometimes, neighbors will decide amongst themselves that the issue isn't worth fighting over, and will go on as they did before. This is especially likely if the neighbors are on good terms, and the difference between their use of the land, and the actual property lines, is small (say, a few feet or less). This is an ideal situation, at least in the short term. It can, nonetheless, cause problems in the future - preventing a neighbor from enforcing the actual property lines, if they suddenly have a reason to do so.

In these cases, what often happens is that the owner of the property which is actually larger than he initially believed (due to the property line not being where he thought it was) wants to make use of the further property, and eject his neighbor from it. The other neighbor, on the other hand, will want to keep using the land as before, to avoid having his property shrink.

In addition to the boundary disputes mentioned above, land owners and buyers in Redding, 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 Redding, California

Courts have many tools at their disposal to resolve boundary disputes. One way is to just re-draw the property lines to reflect how the neighbors had been using the land before the discrepancy was discovered. This doesn't really change the position of either neighbor, and is sometimes the fairest result. This is most often done because the neighbors were both aware of the legal property lines, and that they differed from how they were using the land, and went on using the land anyway.

Nonetheless, a court might also enforce the legal property boundaries, particularly if failing to do so would place a significant burden on the owner of the encroached-upon land. If the owner of the encroaching land knew of the encroachment, and concealed it from his neighbor, this fact would further weigh heavily in favor of enforcing the legal property lines.

When a title dispute comes up in Redding, 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 Redding, California Attorney Do?

Because of the high stakes, going it alone in a boundary or title dispute is rarely judicious. Therefore, it's almost always a good idea to get a good Redding, California real estate attorney to help you with such legal problems.

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Life in Redding

Redding, California is located in Shasta County, where it serves as the county seat. It is California's larges city to the north of Sacramento and has a population of over 89,000 people. The city is mostly known for its natural environment preserves and for its close location to the Sacramento River. Redding, California is nicknamed "the Jewel of Northern California".

Residents and visitors to Redding California can enjoy many opportunities for outdoor recreation and activities. Popular areas to visit in Redding and the surrounding areas include Lake Shasta, Lassen Volcanic National Park, and Turtle Bay Exploration Park. The Exploration Park houses a botanical garden, a nature educational camp, and a natural history museum. The Redding Arboretum is also part of the park. The Exploration Park exemplifies Redding's commitment to preserving plant and animal wildlife.

Other places of interest in Redding, California include Cascade Theater, and the Redding Convention Center, which holds shows and concert productions throughout the year. The city also hosts the festive "MarketFest" event every summer. Major employers in Redding include Mercy Medical Center and Shasta College.

Lawyers in Redding, California provide the community with legal assistance in a variety of different fields. Redding lawyers often represent their clients at the Redding branch of the Superior Court of California, County of Shasta. Lawyers in Redding have experience in dealing with the laws and legal issues that are unique to the local area.

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Redding Boundary Dispute Lawyers and Redding Title Attorneys

Title & Boundary Dispute Law in California

Possible Outcomes of Boundary and Title Disputes in Redding, California