Fontana Boundary Dispute Lawyers and Fontana 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. Additionally, 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.
Consequently, neighbors more frequently 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 Fontana, 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 typically 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 truly owns the land that each of them thought they had just bought. Obviously, whoever loses this dispute will typically 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 Fontana, California
There are many ways to resolve boundary disputes. One way is to change the legal property lines to reflect the use that the neighbors had been making of the land before the discrepancy was discovered. This is usually regarded a sort of "neutral" result - nobody's situation changes. If both neighbors knew about the real boundaries for a very long time, and did nothing about it, a court may view this as them having acquiesced to the status quo, and decide that it would be unfair to force the neighbors to change their use of the land after such a long period of time. This might also be done if enforcing the property lines would place a extremely large burden on one neighbor, and re-drawing them to reflect their actual use would put a comparatively small burden on the other neighbor
A court, for various possible reasons, might decide to give effect to the legally-recorded property lines, which would always change the neighbors' situation, with respect to how they use their land. For instance, if the neighbor who is benefiting from the prevailing situation (he is using land beyond the actual boundary of his property, thereby encroaching onto the land of another) knew about the discrepancy and took steps to actively hide this fact from the other neighbor, the court is very unlikely to do anything that rewards this behavior, even in the slightest. Therefore, a court is likely to decide against the dishonest neighbor. Conversely, if the neighbor who would benefit from enforcing the property lines did nothing to make this happen for many years, a court will probably tell them that they had their chance, and essentially consented to the current arrangement when they took no action to correct it.
In the case of disputes over title, courts have to figure out who owns a specific piece of real property. Courts will consider many factors, and there are some perplexing and (in some cases) antiquated legal issues that guide Fontana, California courts on these matters.
Without delving into the specifics too much, courts typically 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 succeed in a dispute like this, a buyer will usually 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 Fontana, California Attorney Do?
Because of the high stakes, going it alone in a boundary or title dispute is rarely judicious. Therefore, it's almost always a good idea to get a good Fontana, California real estate attorney to help you with such legal problems.[an error occurred while processing this directive]
Title & Boundary Dispute Attorneys in the Largest CA Cities
Life in FontanaFontana, California is known as a central hub for the trucking industry because Interstate 10, State Route 210 and Interstate 15 surround it. Fontana lies in San Bernardino County, California. The area is famous for its history, with a historic regional park, theater, and the Kaiser Steel Mill. Alongside history, Fontana is also home to runners all over California because Fontana hosts the Fontana Days Half Marathon and the 5K run. This race is known all over the world as the fastest marathon course!
Fontana is home to approximately 196,069 residents, which includes a diverse population of African Americans, Caucasians, Native Americans, Asians, Pacific Islanders, and Latinos. With so many people, naturally Fontana would offer many cultural, sports, and recreation activities. These activities include the Center Stage Theater, Art Depot, Auto Club Speedway and Fontana Park.
Fontana's main industry is the trucking industry. Therefore the city is home to many truck dealerships and equipment sales centers. Legal services are available to support this industry via small law offices in Fontana that have excellent attorneys. For larger firms or extensive legal representation, the industry and residents of Fontana have available the many law firms that are located in nearby Ontario and Rancho Cucamonga.