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Title & Boundary Dispute Law in Virginia

There are times when neighbors will find themselves in a situation where how they've been using their land doesn't match up with the property boundaries that are on record. This can be a source of significant conflict, as one might expect.

In these cases, 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 involves 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.

Nonetheless, it's more common for the neighbor whose land is being encroached upon by the other neighbor to seek enforcement of the legal property lines. The other neighbor will almost certainly want to use the property as he had been, since enforcing the legal property lines would cause him to lose some of "his" land.

Title disputes in Arlington, Virginia, on the other hand, involve questions of ownership over an entire parcel of land. This confusion can occasionally 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, particularly 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 Arlington, Virginia

There are many ways to resolve boundary disputes. One way is to change the legal property lines to reflect the use that the neighbors had been making of the land before the discrepancy was discovered. This is generally regarded a sort of "neutral" result - nobody's situation changes. If both neighbors knew about the real boundaries for a very long time, and did nothing about it, a court may view this as them having acquiesced to the status quo, and decide that it would be unfair to force the neighbors to change their use of the land after such a long period of time. This might also be done if enforcing the property lines would place an extremely large burden on one neighbor, and re-drawing them to reflect their actual use would put a comparatively small burden on the other neighbor

A court may do the opposite, and decide to enforce the property lines as they're drawn. This will necessarily benefit one neighbor and hurt the other. A court will probably do this if one neighbor knew that his land was encroaching onto another person's property, and actively tried to hide that fact from his neighbor. Obviously, such bad actions shouldn't be rewarded. Conversely, if the neighbor whose land was being encroached upon knew about the discrepancy, and did nothing about it, the court will likely change the property lines to reflect this prior use, to prevent that neighbor from being rewarded for "sitting on his rights."

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 complex and (in some cases) antiquated legal issues that guide Arlington, Virginia courts on these matters.

Without delving into the specifics too much, courts usually 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 prevail in a dispute like this, a buyer will generally 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 Arlington, Virginia Attorney Do?

The legal issues surrounding title and boundary disagreements can get pretty perplexing, and there are usually very high stakes involved (most people think their land is pretty important). For that reason, a good Arlington, Virginia real estate attorney will prove invaluable if such a dispute arises.

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Life in Arlington

Arlington is located in Arlington County, Virginia. It is located south of the Potomac River, across from Washington D.C. Per the 2010 census, Arlington's population had reached 207,627 people.

Being so near Washington D.C., sites such as the Pentagon, the Department of Defense, and the White House are not too far away. Other landmarks in Arlington include the Arlington National Cemetery, the United States Air Force Memorial and the marine Corps War Memorial.

Top employers include the Virginia Hospital Center, US Airways, Lockheed Martin, BAE Systems, SRA International, SAIC, CACI, Boeing, Towers Watson, and Jacobs. Although the legal industry is not included, Washington D.C. is filled with many top-notch law firms that train attorneys from top law schools. Further, in Arlington itself, there are many small firms and law offices to tend to the legal needs of residents who do not want to travel to D.C.

All in all, Arlington offers a quaint atmosphere with a location central to the "big city attractions and advantages."

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Arlington Boundary Dispute Lawyers and Arlington Title Attorneys

Title & Boundary Dispute Law in Virginia

Possible Outcomes of Boundary and Title Disputes in Arlington, Virginia