Cupertino Boundary Dispute Lawyers and Cupertino Title Attorneys

Cupertino Title & Boundary Dispute Lawyers, CA

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Title and Boundary Dispute Law in California

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.

Thus, neighbors more commonly end up in some type of legal dispute over whether and to what extent the property lines should be enforced. Obviously, when the property lines are changed, one neighbor wins, and the other loses. It should come as no surprise, then, that legal fights are often the result.

While the boundary disputes discussed above occur fairly regularly, they aren't the only type of land dispute that can happen in Cupertino, California. 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 Cupertino, California

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.

Nonetheless, a court might also enforce the legal property boundaries, particularly 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 further weigh heavily in favor of enforcing the legal property lines.

In Cupertino, California 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.

Without delving into the specifics too much, courts normally 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 win in a dispute like this, a buyer will typically 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 Cupertino, California Attorney Do?

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

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Life in Cupertino

Cupertino is the Northern California suburb just north of San Jose. Cupertino has a population of 50,000 people, many of which work in the Silicon Valley.

Cupertino is most famous for being the home to Apple, Inc. The computer software giant was started in Cupertino in 1976 and has remained in the city every since, although much bigger in size than when it first started. In addition to Apple, there are many other major computer software companies that are located in Cupertino such as Hewlett-Packard, Sun Microsystems, and IBM. 

Just over an hour from San Francisco, Cuptertino has plenty of attractions for its residents and visitors to enjoy. In addition to a thriving software industry, Cupertino is also home to many talented lawyers. Not just specializing in issues dealing with technology, Cupertino attorneys are able to help their clients with any legal issue they may encounter. Local law schools include Stanford, Santa Clara, and UC Hastings are just a few of the bay area law schools that have helped to educate Cupertino lawyers. The weather, the culture, and the many local lawyers make Cupertino a great place to be a lawyer or a client!

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