Glendale Boundary Dispute Lawyers and Glendale Title Attorneys

Glendale 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 cause some very serious legal issues.

Ideally, the neighbors could just dismiss 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. Also, 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 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 Glendale, Arizona 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 Glendale, Arizona

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 often 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.

On the other hand, a court could determine 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 majority of them boil down to common-sense principles of fairness. For instance, 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 likely won't enforce them.

With title disputes (as opposed to the boundary disputes discussed above), a Glendale, Arizona court has to determine who owns an entire parcel of land. There are some pretty complicated legal issues involved here.

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.

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What Can A Glendale, Arizona Attorney Do?

Because of the high stakes, going it alone in a boundary or title dispute is rarely recommended. Therefore, it's almost always a good idea to get a good Glendale, Arizona real estate attorney to help you with such legal problems.

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Life in Glendale

Glendale, Arizona is a beautiful residential community located west of Phoenix, Arizona.  For those who think there is nothing to do in residential communities, Glendale proves them wrong!  Glendale has a variety of sites for tourists to visit, and plenty of things for people to do.

Glendale is home to many attractions that exploit the beauty of nature.  For instance, Historic Sahuaro Ranch is a 17 acre property with seventeen ranch buildings to tour, along with a beautiful rose garden.  Popular events such as the Antique Tractor and Engine show are held in this venue.  

For all the sports fanatics out there, Camelback Ranch is located in Glendale.  This ranch is known because the Los Angeles Dodgers and Chicago White Sox share this venue for spring training during baseball season.

To accommodate the needs of those who love the outdoors, Glendale has a very popular attraction known as White Tank Mountain Regional Park.  White Tank Mountain Regional Park has approximately 21 miles of hiking and biking trails, with one that even has a waterfall!  For children, the park has hiking and biking trails that are of lower levels of difficulty, as well as Petroglyph Plaza for children to express their creative skills.

The Xeriscape Botanical Garden, considered one of the best demonstration gardens in Arizona, has over 1,000 types of desert plants over 4 acres.  The garden also has many walking paths so that visitors can stroll and enjoy nature.  Tourists can also enjoy the walking and hiking trails at Thunderbird Park.  The park, located over 1,000 acres of dessert preserve, has picnic sports and horseback riding along with the trails for hiking and walking.  

Other popular attractions in Glendale include Arrowhead Town Center and Westgate City Center, two great places to catch a movie, eat at delicious restaurants, or shop till you drop!

With Glendale being very near to Phoenix, Glendale residents have the opportunity to access the Phoenix legal market for their needs.  Many attorneys and major law firms have offices in Phoenix, Arizona.  Therefore, Glendale residents can rely on the best firms with the sharpest legal minds to handle their legal needs.  

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