Chandler Boundary Dispute Lawyers and Chandler Title Attorneys

Chandler Title & Boundary Dispute Lawyers, AZ

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Title and Boundary Dispute Law in Arizona

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. Furthermore, 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 commonly 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.

While the boundary disputes discussed above occur fairly regularly, they aren't the only type of land dispute that can happen in Chandler, Arizona. There are also title disputes. These disagreements arise when it isn't clear who owns an entire parcel of land. There are many reasons why such confusion might arise, but a common one is failure to properly record a deed, or subsequent loss of a deed by the recording office. While normally innocent in origin, these disputes can also be the product of fraud. Sometimes, a landowner will sell his land to more than one person, with each buyer assuming that they are the only buyer. Having "sold" his land multiple times, the fraudster presumably flees the jurisdiction with his ill-gotten gains. This leaves the buyers to figure out who really owns the land that each of them thought they had just bought. Obviously, whoever loses this dispute will normally have to absorb the loss of the land's purchase price, if the fraudulent seller cannot be found.

Possible Outcomes of Boundary and Title Disputes in Chandler, Arizona

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 truly change the position of either neighbor, and is sometimes the fairest result. This is most commonly 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.

On the other hand, a court could decide to take the opposite approach, and order the neighbors to abide by the legal property lines. When deciding which course of action to take, courts consider many factors, but most of them boil down to common-sense principles of fairness. For example, if the owner of the land who was encroaching onto his neighbor's land knew of the encroachment, and hid this fact from the other neighbor (hoping to continue to use more land than he paid for), that will weigh heavily in favor of enforcing the legal property lines. On the other hand, if neither neighbor knew about the error, and it turns out that the actual property line goes through somebody's living room, a court probably won't enforce them.

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 complicated laws in Chandler, Arizona.

Suffice to say, you'll want the help of an expert on this subject. In general, however, you should know that courts almost always rule in favor of the buyer who first recorded the deed, AND (not "or") didn't have knowledge of any prior conveyances. This protects the buyer who was most diligent in vindicating his own rights, and acted in good faith (obviously, a buyer who knew about a prior sale of the same land isn't acting honestly).

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What Can A Chandler, Arizona Attorney Do?

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

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Life in Chandler

Since the 1950s, Chandler, Arizona has been growing in population, diversity, and economic growth!  Chandler is home to many attractions.  For the nature-lovers, the Veterans Oasis & Environmental Educational Center have over 100 acres of wetlands and desert perfect for hiking, fishing, biking, and picnics.  Those who love to skate will enjoy spending time at the Chandler Skate Park, a 35,000 square-foot park used by skateboarders and in-line skaters.  

A very unique attraction is Rawhide, a 1880s themed western town with shootouts, wagon rides, burro rides, gold panning, etc.  Rawhide opened in Chandler in 2006 and has been a favorite of the locals and tourists since!

Chandler's historic downtown is filled with shops, restaurants, and galleries.  There is also a quaint garden filled with antique shops and an old-fashioned ambiance.  On the first Wednesday of every month, local artists display their work for everyone to enjoy, and hopefully buy.  Located near downtown is Chandler Historical Museum, a museum free to the public with many exhibits displaying the city's rich history.

Chandler is also famous for the Ostrich Festival and Jazz Festival.  The Ostrich Festival is a family event with ostrich races and other "ostrich-themed" activities.  There is also music, parades, a carnival, and great food.  The Festival originates from the city's tradition of Ostrich Ranching.  Similarly, the city has an annual traditional event-the Jazz Festival.  This is a weekend long event where many jazz musicians showcase their talent for the public to enjoy!

Since Chandler is viewed as one of Phoenix's most prominent suburbs, residents of Chandler have access to the large firms and legal market of Phoenix.  Additionally, there are many smaller firms and solo-practitioners with law offices located in Chandler, guaranteeing attorneys who are focused on zealously representing their clients.  Therefore, everyone's legal needs are met.  Moreover, Chandler residents are fortunate to have a more personalized and service-oriented approach to address their legal needs.

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