Staunton Title Lawyers | Title Attorneys in VA

Title & Boundary Dispute Law in Virginia

Sometimes, neighbors will discover that the way they've been using their land doesn't conform with the property lines that the local government has on record. When they find out, the case has to be resolved somehow. In such cases, there is usually a winner and a loser, so conflict is likely to arise.

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.

In addition to the boundary disputes mentioned above, land owners and buyers in Staunton, Virginia should also be aware of the possibility of a title dispute. Rather than being a disagreement over the exact boundaries between two pieces of land, a title dispute is a conflict over who actually owns an entire plot of land. Uncertainty over ownership of land can come up more often than you might think, and is most often caused by a buyer's failure to correctly record a deed, or the accidental loss or destruction of a deed. Sometimes, however, these disputes can be more dishonest in origin: on occasion, unscrupulous sellers of land will attempt to sell the same parcel to more than one person. Obviously, once you've sold land to one person, you can't sell the same land to anyone else, as you no longer own it. These tricksters know this, but are attempting to gain a large amount of money through the multiple sales. Once this is done, they typically attempt to flee the state or country before the buyers discovery they've been duped. This leaves it up to the buyers to figure out amongst themselves who owns the land.

Possible Outcomes of Boundary and Title Disputes in Staunton, Virginia

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 may do the opposite, and decide to enforce the property lines as they're drawn. This will always 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 Staunton, Virginia courts on these matters.

Without going into too much detail, the individual who recorded their deed initially will be the one who takes ownership, provided he or she did not know (or had no reason to know) of the existence of the other deed.

What Can A Staunton, Virginia 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 Staunton, Virginia real estate lawyer to help in situations like this is always a good idea.

Talk to a Real Estate Law Attorney now!

(where you need legal help)

Can't find a category?

Life in Staunton

The city of Staunton is located in Augusta County, Virginia. It is a relatively older community comprised of about 23,000 residents. It was incorporated in 1871. Staunton was first settled by merchants, and its economic beginnings can be traced to the fields of trade, industry, and transportation. The city is locally known for being the birthplace of former U.S. President Woodrow Wilson.

Currently Staunton is an ideal tourist destination, as it has five separate districts with many sights to see. The arts and culture contribute greatly to Staunton's atmosphere, as can be seen by the American Shakespeare Center. The Center is home to the only replica of Shakespeare's Blackfriars Theatre in existence. Strict building codes have preserved much of Staunton's unique early-American architecture. This makes it a popular location for film and T.V. settings.

Staunton residents can enjoy many of the city's outdoor festivals and parades, such as the 4th of July Celebration. Country music is a favorite for many locals, as the city has produced many top-notch artists. The city is a genuine reservoir of American culture and history. Besides President Woodrow Wilson, Staunton has been the hometown of several lawyers, senators, and legislators throughout history.

Staunton lawyers typically file their cases at the Staunton General District Court located in the city. Many lawyers in Staunton, Virginia frequently participate in the city's many community service and outreach programs.

Find a Lawyer

that specializes in your area of need

Real Estate Attorneys

in other Virginia cities and towns

Clients Rate LegalMatch Attorneys
(click to read reviews)

Nicholas M.

Real Estate, Housing & Property Law

Golden, CO

Carl M.

Real Estate, Housing & Property Law

Seattle, WA

David A.

Real Estate, Housing & Property Law

Walnut Creek, CA

Choose Your Legal Category:

Choose Your Legal Category:

LegalMatch Resources

Staunton Boundary Dispute Lawyers and Staunton Title Attorneys

Title & Boundary Dispute Law in Virginia

Possible Outcomes of Boundary and Title Disputes in Staunton, Virginia