Broken Arrow Boundary Dispute Lawyers and Broken Arrow Title Attorneys

Find the right Title & Boundary Dispute attorney in Broken Arrow, OK

Title & Boundary Dispute Law in Oklahoma

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.

In these examples, neighbors usually have the option to resolve the dispute by themselves. If the neighbors are on amicable terms with each other, and the dispute is minor (for example, it only includes a difference of a couple feet), and enforcing the property lines would be a major inconvenience for one or both of the neighbors, they'll probably decide to just go on as they had before. This is a viable option, to be sure, but it's not a perfect one: if, sometime down the road, one of the neighbors wants to attempt to enforce the legal boundaries, they might find themselves unable 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 probably oppose any attempt to enforce the property lines.

In Broken Arrow, Oklahoma, property can also be the subject of title disputes, rather than boundary disputes described above. These types of disputes 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 gained 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 Broken Arrow, Oklahoma

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."

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 intricate laws in Broken Arrow, Oklahoma.

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 Broken Arrow, Oklahoma Attorney Do?

As you might have gathered, it's not uncommon for the legal issues governing 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 Broken Arrow, Oklahoma real estate lawyer to help in situations like this is always a good idea.

Talk to a Real Estate Law Attorney now!

Life in Broken Arrow

Broken Arrow is a part of Tulsa County and Wagoner County. Per the 2010 census, it has a population of 98,850 residents. The city was named after a Native American group called the Creek Indians, who came to Oklahoma along the Trail of Tears.

The city caters to a diverse population. A large industry is agriculture. Top employers include FlightSafety International, Blue Bell Creameries, and Windstream Communications. The legal industry has a presence in Brown Arrow as well, with many attorneys who have established successful practices there. Therefore, residents and businesses have no problem seeking legal aid.

Famous residents, both past and present, include Jim Baumer, Jim Brewer, Josh Bryant, P.C. Cast, Ernest Childers, Ester Drang, Phil Farrand, Mike Iles, Brad Penny, Kahlen Rondot, Warren Spahn, Will Thomas, and Kathryn Zaremba.

Overall, Broken Arrow is a charming place to live, visit, or establish a business.

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