Commack Title Lawyers | Title Attorneys in NY

Title & Boundary Dispute Law in New York

Sometimes, 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.

It's typically possible, though not always easy, for neighbors to come to a resolution of these disputes on their own. If the neighbors happen to like one another, and the difference between the actual property lines and what they believed the property lines to be is quite small (a foot or two, for example), they might simply decide to go on as they had before. This is certainly a desirable solution in the short term, since it saves everyone a great deal of time and energy. However, in the long term, this can cause problems, particularly if one neighbor decides they want to enforce the legal property lines down the road.

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 additional 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.

Title disputes in Commack, New York, on the other hand, involve questions of ownership over an entire parcel of land. This confusion can sometimes arise from improperly recorded deeds, resulting in inadvertent (and, occasionally, deliberate) sales of the same parcel of land to multiple people. Obviously, each buyer wants to be the one who takes title, especially if it seems unlikely that they'll be able to get their money back. This can lead to some very heated disputes.

Possible Outcomes of Boundary and Title Disputes in Commack, New York

Courts have many tools at their disposal to resolve boundary disputes. One way is to simply re-draw the property lines to reflect how the neighbors had been using the land before the discrepancy was discovered. This doesn't very change the position of either neighbor, and is sometimes the fairest result. This is most frequently 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.

Of course, there are plenty of reasons why a court might decide to enforce the property lines as the records indicate. If one neighbor knew about the discrepancy, and hid it from the other neighbor (presumably because the neighbor with the knowledge of the discrepancy benefited from it), a court will, of course, not reward this kind of dishonesty, and will decide against that neighbor. On the other hand, if the neighbor whose land would be expanded by enforcing the "real" property boundaries knew this fact, and took no action for many years, a court will probably not be receptive if he or she suddenly tries to enforce them. This is referred to as "sitting on one's rights," and courts will not reward this, either. If you have a legal right, you're expected to make efforts to vindicate it as soon as possible. If you don't, a court will typically say "I guess it wasn't that important to you if you waited 10 years to bring this to our attention. Next case."

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

Usually, 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 Commack, New York Attorney Do?

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

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Life in Commack

Commack, New York gets its name from its former Indian inhabitants, the Secatogue tribe who named the area, "Pleasant Land." And pleasant is an apt word to describe Commack, which is a lovely city home to just under 40,000 residents. In the early days of Commack, indians gathered in the area because of the fertile soil, wildlife, and wood to make fires.

Commack, New York is a pleasure to explore for residents and visitors alike. In 2006, a local radio station rated the Commack Motor Inn as one of the seven wonders of Long Island. Rosie O'Donnell and Bob Costas are just a few of the celebrities that once called Commack home.

Commack, New York is also home to many talented lawyers who are able to assist the community with any legal issue they may find themselves encountering. Lawyers specializing in family law, estate planning, contract law, and employment law are just a few of the areas that Commack lawyers can assist their clients with. Commack is a great place to live and a great place to find a competent attorney.

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Commack Boundary Dispute Lawyers and Commack Title Attorneys

Title & Boundary Dispute Law in New York

Possible Outcomes of Boundary and Title Disputes in Commack, New York