Grand Junction Title Lawyers | Title Attorneys in CO

Title & Boundary Dispute Law in Colorado

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.

Sometimes, neighbors will decide amongst themselves that the issue isn't worth fighting over, and will go on as they did before. This is particularly 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, however, 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 often 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 probably oppose any attempt to enforce the property lines.

In Grand Junction, Colorado, property can also be the subject of title disputes, rather than boundary disputes described above. These types of disputes stem from disagreements over who owns a piece of property. Confusion in this area is more common than one might think. If a deed is improperly recorded, land can be "owned" by 2 people simultaneously. Even more troublesome is when land is "sold" to more than one person. This is usually inadvertent, but some people do it deliberately, hoping to abscond the profits gained by selling the same thing twice. In cases like this, a court has to determine which buyer owns the land. This is a big deal, considering how unlikely it is that a defrauded buyer could get his or her money back.

Possible Outcomes of Boundary and Title Disputes in Grand Junction, Colorado

One way to resolve boundary disputes is to simply re-draw the property lines to reflect what the neighbors thought they were all along. When this happens, nobody's situation changes, and it's generally considered a neutral result (causing no significant loss or gain to either party). This is often done if both of the neighbors knew about the actual property lines for many years, and didn't do anything about it. A court might also take this course of action if enforcing the property lines would impose a significant hardship on one of the parties, not outweighed by the overall benefits of doing so.

Of course, there are plenty of reasons why a court might decide 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 essentially say "I guess it wasn't that important to you if you waited 10 years to bring this to our attention. Next case."

In the case of disputes over title, courts have to figure out who owns a particular piece of real property. Courts will consider many factors, and there are some confusing and (in some cases) antiquated legal issues that guide Grand Junction, Colorado courts on these matters.

Suffice to say, you'll want the help 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 prior 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 prior sale of the same land isn't acting honestly).

What Can A Grand Junction, Colorado Attorney Do?

The legal problems that can come up in boundary and title disputes can get very complex. Given this fact, and the high stakes of such disputes, most people shouldn't approach these problems without good legal representation. It should therefore go without saying that the counsel of a reputable Grand Junction, Colorado real estate attorney is essential in most of these disputes.

Talk to a Real Estate Law Attorney now!

(where you need legal help)

Can't find a category?

Life in Grand Junction

Grand Junction, Colorado is a home-rule municipality, and the county seat of Mesa County, Colorado. According to a Census estimate from 2009, Grand Junction has a population of about 59,000 people. The city is located on the Colorado river, near where it receives the Gunnison River, hence the name "Grand Junction." Modernly, the city serves as an extremely important hub for commerce and transportation in its region. Grand Junction also grew rapidly in the 1970s and 80s, thanks to large deposits of oil shale. This was when technologies used to extract oil from shale became widely available. However, extracting oil from shale is still more expensive than simply drilling for it, and when oil prices began to decline, it ceased to be economically viable. This led to significant economic hardship for the region. In recent years, however, the economy of Grand Junction, Colorado has diversified and stabilized, eliminating the risks that arise when an economy becomes dependent on a single industry. It is a vibrant center for many industries, including healthcare, agriculture, livestock, and tourism. Grand Junction is near a major mountain resort, and it has become a popular destination for wealthy travelers. If you live in Grand Junction, and are facing any legal issue, whether it involves starting a business, adopting a child, taking out a mortgage, or writing a will, the chances that you'll be able to find a good Grand Junction, Colorado lawyer are excellent.

Find a Lawyer

that specializes in your area of need

Real Estate Attorneys

in other Colorado cities and towns

Clients Rate LegalMatch Attorneys
(click to read reviews)

Nicholas M.

Real Estate, Housing & Property Law

Golden, CO

Carl M.

Real Estate, Housing & Property Law

Seattle, WA

David A.

Real Estate, Housing & Property Law

Walnut Creek, CA

Choose Your Legal Category:

Choose Your Legal Category:

LegalMatch Resources

Grand Junction Boundary Dispute Lawyers and Grand Junction Title Attorneys

Title & Boundary Dispute Law in Colorado

Possible Outcomes of Boundary and Title Disputes in Grand Junction, Colorado