Tempe Boundary Dispute Lawyers and Tempe Title Attorneys

Tempe 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. 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 probably oppose any attempt to enforce the property lines.

People in Tempe, Arizona should also be aware of the possibility of title (ownership) disputes. Unlike the boundary disputes discussed above, the outcome of a title dispute can determine 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 Tempe, Arizona

One way to resolve boundary disputes is to simply re-draw the property lines to reflect what the neighbors thought they were all along. When this happens, nobody's situation changes, and it's generally considered a neutral result (causing no significant loss or gain to either party). This is often done if both of the neighbors knew about the actual property lines for many years, and didn't do anything about it. A court might also take this course of action if enforcing the property lines would impose a significant hardship on one of the parties, not outweighed by the overall benefits of doing so.

However, a court might also enforce the legal property boundaries, especially if failing to do so would place a significant burden on the owner of the encroached-upon land. If the owner of the encroaching land knew of the encroachment, and concealed it from his neighbor, this fact would also weigh heavily in favor of enforcing the legal property lines.

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

Without delving into the details 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 Tempe, Arizona Attorney Do?

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

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Life in Tempe

Tempe is located in Maricopa County in Arizona.  It has a population of about 175,000 and was incorporated in the year 1894.  Its name comes from the "Vale of Tempe" located in Greece.  Tempe is known for being the headquarters for several prominent corporations.

The economy of Tempe is comprised mainly of large corporations which have their headquarters in the city.  For example, companies such as U.S. Airways and Insight Enterprises have their executive headquarters in Tempe.  Cold Stone Creamery, a popular ice cream franchise, was originally located in the city.  In addition, Tempe is home to Arizona State University at Tempe, where the Insight Bowl is held every year.

Residents of Tempe enjoy great performance in the arts at the Gammage Auditorium and the Tempe Center for the Arts.  Also, visitors frequently enjoy shopping in Tempe's retail district, located at Mills Avenue and at Arizona Mills, one of the largest shopping malls in the state.  The Tempe Marketplace is where you can go for excellent outdoor festivals and concerts.

Lawyers in Tempe, Arizona typically file legal claims at the Tempe Municipal Court.  The municipal court handles a wide range of legal issues and ordinance violations.  Tempe lawyers also participate in a variety of exciting civic and community service events. 

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