Hayward Boundary Dispute Lawyers and Hayward Title Attorneys

Hayward 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 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. 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 Hayward, 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 someone 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 Hayward, California

One customary 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 typically happens when both parties were, for many years, aware of the actual property boundaries, and did nothing about it. Moreover, 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.

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.

When a title dispute comes up in Hayward, California, the court has to apply some pretty perplexing legal and equitable principles. These rules are sometimes fairly obscure, mainly because they can trace their origins back hundreds of years, to the common-law courts of England. However, a close examination of them reveals their basic goal: deciding ownership disputes based on longstanding conceptions of basic fairness.

Usually, the person who records the deed first will be the one who takes ownership. Of course, this will only be if they had no reason to know about the other deeds).

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What Can A Hayward, California 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 Hayward, California real estate attorney to help you with such legal problems.

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Life in Hayward

Hayward, California is a city in Alameda County, California, in the Eastern portion of the San Francisco Bay Area (the "East Bay"). It has a population of 145,000 people. 

Human habitation of the area now known as Hayward, California dates back to at least 6,000 years ago, and probably longer, with various Native American tribes living in the area. In the 19th Century, the first people of European descent settled the area, when Mexican settlers relocated to the Bay Area, at a time when California was still part of Mexico.

Modernly, Hayward, California is home to California State University, East Bay, which is a large public university. This school is particularly known for its excellent programs in business, economics, and education. It also happens to be one of the largest employers in Hayward, and a driving force behind the local economy. Some of the university's graduates have gone on to law school, and are now respected Hayward, California attorneys.

Accordingly, if you need legal advice or information in Hayward, California, chances are good that you will be able to find a local Hayward attorney who can help you with whatever legal issue you might be facing.

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