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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 really 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 Redwood City, 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 dispute 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 normally 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 Redwood City, 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 truly change the position of either neighbor, and is sometimes the fairest result. This is most commonly 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.

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.

With title disputes, a court has to decide who owns a particular piece of land. There are many factors that a court will consider, and this decision is governed by some fairly complicated laws in Redwood City, California.

Typically, the person who records the deed first will be the one who takes ownership. Of course, this will only be if they had no reason to know about the other deeds).

What Can A Redwood City, California Attorney Do?

The legal problems that can come up in boundary and title disputes can get very intricate. Given this fact, and the high stakes of such disputes, most people shouldn't approach these issues without good legal representation. It should therefore go without saying that the counsel of a knowledgeable Redwood City, California real estate attorney is essential in most of these disputes.

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Life in Redwood City

Redwood City, California is a city in San Mateo County, on the San Francisco Peninsula. It has a population of about 77,000 people, and is the county seat of San Mateo County.

Redwood City, California is one of the major hubs of employment in the South Bay region of the San Francisco Bay Area, particularly in the high-tech sectors. Technology companies like Oracle and Electronic Arts are headquartered in Redwood City, and they provide a major source of employment, in various fields. Both of these companies employ a large number of white-collar professionals, probably including several Redwood City, California lawyers.

Other major employers in Redwood City, California are the government of San Mateo County, as well as several major players in the healthcare industry, such as Kaiser Permanente.

If you live in Redwood City, California and are in need of a lawyer, you're in luck. A significant number of attorneys in Redwood City are set up to handle the legal issues that often arise for ordinary consumers.

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Redwood City Boundary Dispute Lawyers and Redwood City Title Attorneys

Title & Boundary Dispute Law in California

Possible Outcomes of Boundary and Title Disputes in Redwood City, California