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Title & Boundary Dispute Law in Wisconsin

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 often, and might have consequences down the road, including title eventually changing to reflect the perceived property lines, without the choice of either neighbor.

It's more often 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 likely oppose any attempt to enforce the property lines.

People in Oshkosh, Wisconsin should also be aware of the possibility of title (ownership) disputes. Unlike the boundary disputes considered above, the outcome of a title dispute can decide who owns an entire parcel of real property. Confusion over who actually owns a piece of property is more common that some people might imagine. Many local property records are still kept on paper, are not very well-organized, and sometimes date back a hundred years or more. A lost or misfiled deed is the most common way for a title dispute to arise. However, sometimes fraud on the part of a seller can lead to title disputes. Unscrupulous individuals will sometimes try to sell the same piece of land to more than one person. And some people even try to sell property they don't own, occasionally succeeding (and this isn't just limited to bridges in London). Usually, once the buyers discover they've been duped, the "seller" is nowhere to be found, leaving them to figure out who owns the land they all thought they had purchased.

Possible Outcomes of Boundary and Title Disputes in Oshkosh, Wisconsin

One common resolution for boundary disputes is a court re-drawing the boundaries to fit with what the assumptions that the neighbors were operating under before the error was discovered. This usually happens when both parties were, for many years, aware of the actual property boundaries, and did nothing about it. Furthermore, if the neighbor who has been encroaching onto the other neighbor's land has made costly improvements thereto, this weighs in favor of that neighbor, since changing the property lines would impose significant hardship on that neighbor.

Of course, there are plethora of reasons why a court might determine 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 essentially 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 (as opposed to the boundary disputes discussed above), an Oshkosh, Wisconsin court has to determine who owns an entire parcel of land. There are some pretty confusing legal issues involved here.

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 Oshkosh, Wisconsin Attorney Do?

Real property disputes frequently involve very old legal principles that can even confound lawyers who aren't experts in real estate law. For that reason, you should almost always hire an expert Oshkosh, Wisconsin real estate attorney, who will assist you navigate these murky legal waters.

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Life in Oshkosh

Oshkosh, Wisconsin is a city in Winnebago County. According to a Census estimate from 2007, its population is approximately 64,000 people.

Oshkosh is named the Menominee Chief Oshkosh, whose name means "claw" in the Menominee language. He was one of the first Native Americans in the area to make contact with European settlers and fur traders in the 18th Century.

During the early 19th Century, the area gradually grew as a trading post for furs, meat, and other natural resources that were abundant in the frontier. By the mid-19th Century, the industrial revolution was underway, and Oshkosh, Wisconsin's economy boomed thanks to its abundant lumber, and the building boom brought on by industry. The presence of navigable waterways and, later, the arrival of a railroad made the area even more attractive for this industry.

Modernly, Oshkosh is a fairly quiet city, with a large number of residential neighborhoods. Its economy is faring relatively well, compared to other cities in the region, doing slightly better than the national average in several indicators, such as unemployment and the percentage of people below the poverty line.

If you live in Oshkosh, Wisconsin, and have a legal issue, it's likely that there's an attorney who can handle it, no matter how complicated or simple it is. Oshkosh, Wisconsin lawyers can handle just about any case you can throw at them.

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Oshkosh Boundary Dispute Lawyers and Oshkosh Title Attorneys

Title & Boundary Dispute Law in Wisconsin

Possible Outcomes of Boundary and Title Disputes in Oshkosh, Wisconsin