Del Mar Boundary Dispute Lawyers and Del Mar Title Attorneys
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 Del Mar, 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 Del Mar, 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.
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."
With title disputes (as opposed to the boundary disputes discussed above), a Del Mar, California court has to determine who owns an entire parcel of land. There are some pretty complicated legal issues involved here.
In general, the person who initially recorded the deed at the appropriate government office will be the one who the court deems to own the land, if they didn't have any reason to know about the existence of the other deed, or other sale, or whatever else gave rise to the title disagreement.
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What Can A Del Mar, California Attorney Do?
As you might have gathered, it's not uncommon for the legal issues controlling boundary and title disputes to get very complicated. Additionally, any dispute that can affect one's use or ownership of land has very high stakes (land isn't normally cheap, after all). Therefore, it shouldn't come as a surprise that hiring a competent Del Mar, California real estate lawyer to help in situations like this is always a good idea.
Title & Boundary Dispute Attorneys in the Largest CA Cities
Life in Del MarDel Mar is located in San Diego County, California. With a smaller population of about 4,500, Del Mar is an upscale city known for its beautiful beaches and legendary surfing. The name "Del Mar" means "by the sea" or "of the sea", as it is located directly on the Pacific Coast. The city was mentioned in the Beach Boys hit song, "Surfin' USA".
Del Mar is home to several beaches which are known as excellent surfing spots. In particular, 15th Street Beach in Del Mar was listed as #4 on Time Magazine's list of "100 Greatest Beaches in the World". Other beach sites include Torrey Pines State Beach and North Beach, affectionately known as "Dog Beach" by the many dog owners who frequent the area.
Del Mar, California is also famous for being the home to the annual San Diego County Fair. The fair is one of the most popular summer fairs in all of California and is held at the Del Mar Fairgrounds. The Fairgrounds also houses the Del Mar Racetrack. In addition to the world-class beaches at Del Mar, the area is an excellent site for employment, with top hirers such as Kitchen 1540 and Pacifica Del Mar.
Lawyers in Del Mar, California handle a variety of different legal claims and disputes. Legal inquiries can be directed to an experienced Del Mar lawyer. Del Mar lawyers typically represent clients at the nearby Superior Court of California, County of San Diego.