Milpitas Boundary Dispute Lawyers and Milpitas Title Attorneys

Find the right Title & Boundary Dispute attorney in Milpitas, CA

Title & 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.

Sometimes, neighbors will decide amongst themselves that the issue isn't worth fighting over, and will go on as they did before. This is especially likely if the neighbors are on good terms, and the difference between their use of the land, and the actual property lines, is small (say, a few feet or less). This is an ideal situation, at least in the short term. It can, nonetheless, cause problems in the future - preventing a neighbor from enforcing the actual property lines, if they suddenly have a reason to do so.

In these cases, what often happens is that the owner of the property which is really larger than he initially believed (due to the property line not being where he thought it was) wants to make use of the further property, and eject his neighbor from it. The other neighbor, on the other hand, will want to keep using the land as before, to avoid having his property shrink.

Title disputes in Milpitas, California, on the other hand, involve questions of ownership over an entire parcel of land. This confusion can occasionally arise from improperly recorded deeds, resulting in inadvertent (and, occasionally, deliberate) sales of the same parcel of land to multiple people. Obviously, each buyer wants to be the one who takes title, particularly if it seems unlikely that they'll be able to get their money back. This can lead to some very heated disputes.

Possible Outcomes of Boundary and Title Disputes in Milpitas, 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 typically 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 many possible reasons, might decide to give effect to the legally-recorded property lines, which would generally 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.

With title disputes (as opposed to the boundary disputes discussed above), a Milpitas, California court has to determine who owns an entire parcel of land. There are some pretty perplexing legal issues involved here.

Without going into too much detail, the individual who recorded their deed initially will be the one who takes ownership, provided he or she did not know (or had no reason to know) of the existence of the other deed.

What Can A Milpitas, 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 Milpitas, California real estate attorney, who will assist you navigate these murky legal waters.

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Life in Milpitas

Milpitas, California is a city in Santa Clara County. It is a suburb of San Jose, which is the largest city in the San Francisco Bay Area. The current population of Milpitas, California is approximately 67,000 people.

Milpitas, California was incorporated in the 1950s, in order to prevent itself from being annexed by the rapidly-expanding San Jose. Many Milpitas, California lawyers were involved in setting up the city's incorporation.

Nowadays, many residents of Milpitas, California work outside the city, mostly in San Jose. Because of its proximity to Silicon Valley, many residents of Milpitas, California work in the high tech industry. Also, many of the nation's largest law firms have Silicon Valley offices, so there are many extremely successful and sophisticated Milpitas, California attorneys.

However, if you live in Milpitas, California, you won't have to look to a big, expensive law firm for help. There are many experienced, competent, and affordable Milpitas, California lawyers who can help you with almost any legal issue you may face.

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