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Title & Boundary Dispute Law in Colorado

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.

It's more frequently the case that one neighbor wants to maintain the current use of the land, property lines notwithstanding, while the other neighbor wants to enforce the property lines that are on record. This is because moving a property line necessarily expands the land of one neighbor, while shrinking the land of another. Obviously, the neighbor whose land would be shrunk will likely oppose any attempt to enforce the property lines.

In Fort Collins, Colorado, property can also be the subject of title disputes, rather than boundary disputes described above. These types of disagreements stem from disagreements over who owns a piece of property. Confusion in this area is more prevalent than one might think. If a deed is improperly recorded, land can be "owned" by 2 people simultaneously. Even more troublesome is when land is "sold" to more than one person. This is typically inadvertent, but some people do it deliberately, hoping to abscond the profits acquired by selling the same thing twice. In cases like this, a court has to determine which buyer owns the land. This is a big deal, considering how unlikely it is that a defrauded buyer could get his or her money back.

Possible Outcomes of Boundary and Title Disputes in Fort Collins, Colorado

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 usually 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 substantial hardship on one of the parties, not outweighed by the overall benefits of doing so.

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.

In the case of disputes over title, courts have to figure out who owns a specific piece of real property. Courts will consider many factors, and there are some perplexing and (in some cases) antiquated legal issues that guide Fort Collins, Colorado courts on these matters.

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 Fort Collins, Colorado Attorney Do?

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

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Life in Fort Collins

Fort Collins is a medium-sized city. It is a home-rule municipality, meaning that it is not part of any county, and the state of Colorado has delegated some of its authority to the city, which the city can exercise within its own borders. It has a population of about 137,000. Fort Collins is generally known as a college town, being home to Colorado State University. The city of Fort Collins frequently ranks near the top of Money Magazine's list of best places in the U.S. to live. Because of the large college-aged demographic, Fort Collins has a thriving music and art scene, as well as a large number of well-regarded microbreweries. Fort Collins has a healthy and diverse economy, with major employers such as Colorado State University, Hewlett Packard, AMD, Wal-Mart, and many others providing thousands of public and private-sector jobs, in a wide variety of fields. Given its size, diversity, and vitality, it should come as no surprise that, with all the business that's done in Fort Collins, there are sometimes legal issues. For that reason, it shouldn't be a surprise that there are many Fort Collins, Colorado lawyers who are very skilled. If you're facing a legal issue, a Fort Collins, Colorado lawyer can help.

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Fort Collins Boundary Dispute Lawyers and Fort Collins Title Attorneys

Title & Boundary Dispute Law in Colorado

Possible Outcomes of Boundary and Title Disputes in Fort Collins, Colorado