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Title & Boundary Dispute Law in Connecticut

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 frequently 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.

People in Enfield, Connecticut should also be aware of the possibility of title (ownership) disputes. Unlike the boundary disputes discussed above, the outcome of a title dispute can determine who owns an entire parcel of real property. Confusion over who actually owns a piece of property is more common that some people might imagine. Many local property records are still kept on paper, are not very well-organized, and sometimes date back a hundred years or more. A lost or misfiled deed is the most common way for a title dispute to arise. However, sometimes fraud on the part of a seller can lead to title disputes. Unscrupulous individuals will sometimes try to sell the same piece of land to more than one person. And some people even try to sell property they don't own, occasionally succeeding (and this isn't just limited to bridges in London). Typically, once the buyers discover they've been duped, the "seller" is nowhere to be found, leaving them to figure out who owns the land they all thought they had purchased.

Possible Outcomes of Boundary and Title Disputes in Enfield, Connecticut

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 usually 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 substantial 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 typically say "I guess it wasn't that important to you if you waited 10 years to bring this to our attention. Next case."

In Enfield, Connecticut courts have many options when it comes to resolving title disputes. However, these disputes are usually governed by some fairly confusing (and old) legal principles. While they're usually built around policies that most people would find to be quite fair and reasonable, their application can be nearly impenetrable, even for some lawyers.

Without going into too much detail, the person who recorded their deed first 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 Enfield, Connecticut Attorney Do?

Real property disputes typically 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 Enfield, Connecticut real estate attorney, who will help you navigate these murky legal waters.

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Life in Enfield

Enfield, Connecticut is a town located in Hartford County. Its current estimated population is about 46,000. Enfield, like many cities in North America, has a human history that predates by thousands of years the arrival of European settlers. Enfield, for example, was populated by Pocomtuc Tribe for thousands of years. European colonists did not arrive until 1878. It was incorporated a few years later. Until 1749, Enfield, Connecticut was legally part of Massachusetts. However, the settlement of a lawsuit brought about by a surveyor's error led to Enfield seceding from the Massachusetts colony, and becoming part of Connecticut. Modernly, Enfield and the surrounding areas are home to several natural attractions, such as parks, rivers, and hiking trails. Enfield is a fairly prosperous community, with the median family income being about ,000. Furthermore, less than 4% of the population of Enfield, Connecticut lives below the poverty line. If you are facing a legal problem in Enfield, Connecticut, no matter how large or small, it is always a good idea to seek the advice of an Enfield, Connecticut lawyer. The lawyers in Enfield, Connecticut are ready to help prospective clients with whatever legal issues they're likely to face.

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Enfield Boundary Dispute Lawyers and Enfield Title Attorneys

Title & Boundary Dispute Law in Connecticut

Possible Outcomes of Boundary and Title Disputes in Enfield, Connecticut