Scottsdale Boundary Dispute Lawyers and Scottsdale Title Attorneys

Scottsdale 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. 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 likely oppose any attempt to enforce the property lines.

People in Scottsdale, 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). Normally, 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 Scottsdale, Arizona

One frequent 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 normally happens when both parties were, for many years, aware of the actual property boundaries, and did nothing about it. Additionally, 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 basically say "I guess it wasn't that important to you if you waited 10 years to bring this to our attention. Next case."

In Scottsdale, Arizona courts have many options when it comes to resolving title disputes. However, these disputes are usually controlled by some fairly intricate (and old) legal principles. While they're typically built around policies that most people would find to be quite fair and reasonable, their application can be nearly impenetrable, even for some lawyers.

Typically, the person who records the deed first will be the one who takes ownership. Of course, this will only be if they had no reason to know about the other deeds).

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What Can A Scottsdale, Arizona Attorney Do?

The legal problems that can come up in boundary and title disputes can get very intricate. Given this fact, and the high stakes of such disputes, most people shouldn't approach these issues without good legal representation. It should therefore go without saying that the counsel of a reliable Scottsdale, Arizona real estate attorney is essential in most of these disputes.

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Life in Scottsdale

Located in Maricopa County, Scottsdale is truly one of the desert state's gems. With a population of 245,000 the sizeable city is a vacation destination for many people across the country. Not surprisingly, Scottsdale has more spas than any other city in the country, a number that sees spa-seekers visiting the city year round for some much needed rest and relaxation.

Scottsdale is often described as the "South Beach in the desert" because of the busy nightlife scene and many luxury hotels that the Arizona city has to offer. And what nightlife is complete without many of the nation's top cities to serve the clientele before their night on the town. Scottsdale sits in the middle of two other popular Arizona cities -- Phoenix and Paradise Valley.

Scottsdale is also famous for the many golf courses the city has to offer beginners and professionals. In fact, the Robb Report dubbed Scottsdale "The Best City to Live in for Golf." In addition to golf, Scottsdale is home to many professional and minor league sports teams. The Arizona Cardinals (NFL), Phoenix Suns (NBA), Phoenix Coyotes (NHL), and Arizona Diamondbacks (MLB) all call Scottsdale home. 

Scottsdale also has some college charm as it is home to Arizona State University. The Sun Devils have a great law school that produces many of Scottsdale's top lawyers. WIth a city of this size, Scottsdale lawyers are skilled in a range of practice areas to serve their clientele ranging from professional athletes, to a citizen with an everyday legal question.

Scottsdale is a wonderful city to work, play, and relax in and the desert climate makes it a great place to be any month of the year!

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