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Title & Boundary Dispute Law in Missouri

Occasionally, neighbors will find out that their use of their land (or what they thought was their land) is not reflected in the actual property lines on record. Obviously, this can create a problem.

In a seemingly-ideal situation, the neighbors will choose to ignore this new revelation, and go on as they always have. Of course, this doesn't happen frequently, and might have consequences down the road, including title eventually changing to reflect the perceived property lines, without the choice of either neighbor.

In these cases, what often happens is that the owner of the property which is truly 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.

While the boundary disputes discussed above occur fairly regularly, they aren't the only type of land dispute that can happen in Springfield, Missouri. There are also title disputes. These disagreements arise when it isn't clear who owns an entire parcel of land. There are many reasons why such confusion might arise, but a common one is failure to properly record a deed, or subsequent loss of a deed by the recording office. While typically innocent in origin, these disputes can also be the product of fraud. Sometimes, a landowner will sell his land to more than one person, with each buyer assuming that they are the only buyer. Having "sold" his land multiple times, the fraudster presumably flees the jurisdiction with his ill-gotten gains. This leaves the buyers to figure out who truly owns the land that each of them thought they had just bought. Obviously, whoever loses this dispute will typically have to absorb the loss of the land's purchase price, if the fraudulent seller cannot be found.

Possible Outcomes of Boundary and Title Disputes in Springfield, Missouri

One possible result of a boundary dispute is a court effectively re-drawing the boundaries to fit what the neighbors had perceived. This is most frequently done if the neighbors were aware for a long time of the "real" property lines, and didn't do anything about it. It also helps if the neighbor who is encroaching makes major improvements to the land, and enforcing the new property lines would place a major burden on him.

A court, for various possible reasons, might decide to give effect to the legally-recorded property lines, which would always change the neighbors' situation, with respect to how they use their land. For instance, if the neighbor who is benefiting from the prevailing situation (he is using land beyond the actual boundary of his property, thereby encroaching onto the land of another) knew about the discrepancy and took steps to actively hide this fact from the other neighbor, the court is very unlikely to do anything that rewards this behavior, even in the slightest. Therefore, a court is likely to decide against the dishonest neighbor. Conversely, if the neighbor who would benefit from enforcing the property lines did nothing to make this happen for many years, a court will probably tell them that they had their chance, and essentially consented to the current arrangement when they took no action to correct it.

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 complicated and (in some cases) antiquated legal issues that guide Springfield, Missouri courts on these matters.

Without delving into the specifics too much, courts typically resolve title disputes by looking at who recorded the deed first, and whether or not that person had notice of any prior sales of the same land. To succeed in a dispute like this, a buyer will usually need to prove that they were the first to record their deed, and that they had no notice (or reason to know) of any prior conveyances of the same land.

What Can A Springfield, Missouri Attorney Do?

As you might have gathered, it's not uncommon for the legal issues controlling boundary and title disputes to get very complicated. Moreover, any dispute that can affect one's use or ownership of land has very high stakes (land isn't typically cheap, after all). Therefore, it shouldn't come as a surprise that hiring a competent Springfield, Missouri real estate lawyer to help in situations like this is always a good idea.

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Life in Springfield

Springfield, Missouri is the third-largest city in the state of Missouri. It has a population of approximately 160,000 people.

Springfield has a long and fascinating history. During the Civil War, Missouri was a border state, and its population was divided in its loyalty to the Union and the Confederacy. Both the Union and the Confederacy claimed Missouri, and its star was on the flags of both sides. It also had two separate governments, one loyal to the union, and one to the confederacy. Both purported to be the legitimate government of the entire state. There were many small skirmishes between rival towns and neighbors, essentially creating a war within a war. As a result, Springfield, MO was the site of many clashes during the war. Springfield, MO also gave rise to the "Wild West" era of American history. In 1865, there was a "quick draw" shootout in the town square. This was the only such shootout ever recorded in American history, even though they're now a staple of Western movies.

Modernly, Springfield is a thriving city, with an economy based on education, healthcare, manufacturing, and tourism. Kraft Foods and 3M, among other major corporations, have manufacturing facilities in Springfield, MO.

As a result, it goes without saying that there are many sophisticated and skilled attorneys in Springfield, MO. If you can think of a legal practice area, you can be almost certain that there's at least one (and probably more) Springfield, MO lawyer who practices it, and can help you with your legal problem.

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Springfield Boundary Dispute Lawyers and Springfield Title Attorneys

Title & Boundary Dispute Law in Missouri

Possible Outcomes of Boundary and Title Disputes in Springfield, Missouri