Fountain Valley Boundary Dispute Lawyers and Fountain Valley 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.
In addition to the boundary disputes mentioned above, land owners and buyers in Fountain Valley, California should also be aware of the possibility of a title dispute. Rather than being a disagreement over the exact boundaries between two pieces of land, a title dispute is a conflict over who actually owns an entire plot of land. Uncertainty over ownership of land can come up more often than you might think, and is most often caused by a buyer's failure to correctly record a deed, or the accidental loss or destruction of a deed. Sometimes, however, these disputes can be more dishonest in origin: on occasion, unscrupulous sellers of land will attempt to sell the same parcel to more than one person. Obviously, once you've sold land to one person, you can't sell the same land to anyone else, as you no longer own it. These tricksters know this, but are attempting to gain a large amount of money through the multiple sales. Once this is done, they typically attempt to flee the state or country before the buyers discovery they've been duped. This leaves it up to the buyers to figure out amongst themselves who owns the land.
Possible Outcomes of Boundary and Title Disputes in Fountain Valley, California
One possible result of a boundary dispute is a court effectively re-drawing the boundaries to fit what the neighbors had perceived. This is most frequently done if the neighbors were aware for a long time of the "real" property lines, and didn't do anything about it. It also helps if the neighbor who is encroaching makes major improvements to the land, and enforcing the new property lines would place a major burden on him.
On the other hand, a court could determine to take the opposite approach, and order the neighbors to abide by the legal property lines. When deciding which course of action to take, courts consider many factors, but majority of them boil down to common-sense principles of fairness. For instance, if the owner of the land who was encroaching onto his neighbor's land knew of the encroachment, and hid this fact from the other neighbor (hoping to continue to use more land than he paid for), that will weigh heavily in favor of enforcing the legal property lines. On the other hand, if neither neighbor knew about the error, and it turns out that the actual property line goes through somebody's living room, a court likely won't enforce them.
With title disputes (as opposed to the boundary disputes discussed above), a Fountain Valley, California court has to determine who owns an entire parcel of land. There are some pretty perplexing legal issues involved here.
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 Fountain Valley, California Attorney Do?
Real property disputes frequently involve very old legal principles that can even confound lawyers who aren't experts in real estate law. For that reason, you should almost always hire an expert Fountain Valley, California real estate attorney, who will assist you navigate these murky legal waters.
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Title & Boundary Dispute Attorneys in the Largest CA Cities
Life in Fountain ValleyFountain Valley, California has a population of about 55,000 and is located in Orange County. It was named after the many artesian wells found in the area during the time of the city's founding. Fountain Valley is mostly a residential bedroom community.
As a suburb, much of Fountain Valley, California is comprised of residential neighborhoods. However, the city has experienced a significant increase in commercial employment, particularly in the area known as the "Southpark" district. Southpark district is home to offices for several major corporations, including Starbucks and D-Link. The national headquarters for Hyundai Motor America is also located in Fountain Valley.
One of the main attractions in the city of Fountain Valley, California is Mile Square Regional Park. The park contains three different 18-hole golf courses, two spectacular lakes, sports fields, picnic areas, and a nature area filled with native Californian plants. Mile Square Regional Park also has a recreation center complete with tennis, racquetball, and basketball courts. Fountain Valley is also just minutes away from many Southern California amusement parks.
Lawyers in Fountain Valley, California help the community by assisting in a wide range of different legal fields. Fountain Valley lawyers can help answer legal questions, provide explanations of various laws, and represent clients in court.