Title & Boundary Dispute Law in Alabama
Finding out that property lines are improperly drawn and learning that you have been partially occupying your neighbor's land, or vice versa, can create some fairly serious legal issues.
Ideally, the neighbors could just ignore the situation, and go on as they had before, effectively agreeing to change the property lines to reflect their past use. This doesn't always happen, however. Additionally, such a course of action is not free of issues, and could eventually result in ownership of the land legally changing to reflect the past use, even if one of the neighbors opposes this.
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.
Title disputes in Millbrook, Alabama, 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 Millbrook, Alabama
One customary 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 typically happens when both parties were, for many years, aware of the actual property boundaries, and did nothing about it. Moreover, 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.
A court might 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 behavior 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 probably change the property lines to reflect this prior use, to prevent that neighbor from being rewarded for "sitting on his rights."
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 Millbrook, Alabama.
In general, the person who first recorded the deed at the appropriate government office will be the one who the court deems to own the land, if they didn't have any reason to know about the existence of the other deed, or other sale, or whatever else gave rise to the title conflict.
What Can A Millbrook, Alabama 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 Millbrook, Alabama real estate lawyer to help in situations like this is always a good idea.