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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.

It's more commonly the case that one neighbor wants to maintain the current use of the land, property lines notwithstanding, while the other neighbor wants to enforce the property lines that are on record. This is because moving a property line necessarily expands the land of one neighbor, while shrinking the land of another. Obviously, the neighbor whose land would be shrunk will likely oppose any attempt to enforce the property lines.

Title disputes in Visalia, 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 Visalia, 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 Visalia, California court has to determine who owns an entire parcel of land. There are some pretty complex legal issues involved here.

Suffice to say, you'll want the assistance of an expert on this subject. In general, however, you should know that courts almost always rule in favor of the buyer who first recorded the deed, AND (not "or") didn't have knowledge of any previous conveyances. This protects the buyer who was most diligent in vindicating his own rights, and acted in good faith (obviously, a buyer who knew about a previous sale of the same land isn't acting honestly).

What Can A Visalia, California Attorney Do?

Real property disputes usually 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 Visalia, California real estate attorney, who will assist you navigate these murky legal waters.

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Life in Visalia

Visalia, California is a city in Tulare County, in California's central valley. It is also the largest city in Tulare County, with a population of about 125,000 people.

Human habitation of Visalia, California dates back several thousand years, with Native American tribes inhabiting the area. The first written European account of the area known as Visalia came in 1722, when Spanish explorer Pedro Fages explored the area.

Throughout most of its history, and to this day, the economy of Visalia is dominated by agriculture. Grapes, citrus, cotton, and olives are all grown in the area. Because of the presence of large numbers of migrant agricultural workers, the lawyers who practice in Visialia are particularly skilled in practice areas like immigration and labor law, but most Visalia, California lawyers can also handle other legal issues.

If you live in Visalia, California and are in need of legal services, there are several places you can turn, such as legal aid organizations. However, your best bet for competent and comprehensive legal advice is to seek the advice of a good Visalia, California attorney.

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Visalia Boundary Dispute Lawyers and Visalia Title Attorneys

Title & Boundary Dispute Law in California

Possible Outcomes of Boundary and Title Disputes in Visalia, California