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Title & Boundary Dispute Law in Delaware

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.

Thus, neighbors more commonly 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 Dover, Delaware, property can also be the subject of title disputes, rather than boundary disputes described above. These types of disagreements stem from disagreements over who owns a piece of property. Confusion in this area is more frequent 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 normally inadvertent, but some people do it deliberately, hoping to abscond the profits acquired 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 Dover, Delaware

One possible result of a boundary dispute is a court effectively re-drawing the boundaries to fit what the neighbors had perceived. This is most commonly done if the neighbors were aware for a long time of the "real" property lines, and didn't do anything about it. It also helps if the neighbor who is encroaching makes major improvements to the land, and enforcing the new property lines would place a major burden on him.

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.

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

Without delving into the specifics too much, courts normally resolve title disputes by looking at who recorded the deed first, and whether or not that person had notice of any prior sales of the same land. To win in a dispute like this, a buyer will typically need to prove that they were the first to record their deed, and that they had no notice (or reason to know) of any prior conveyances of the same land.

What Can A Dover, Delaware Attorney Do?

The legal issues surrounding title and boundary disagreements can get pretty difficult, and there are normally very high stakes involved (most people think their land is pretty important). For that reason, a good Dover, Delaware real estate attorney will prove invaluable if such a dispute arises.

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Life in Dover

Dover, Delaware is the capital of Delaware, and its second-largest city. It has a population of about 36,000 people.

Dover, Delaware was founded in 1683 by British colonists. Dover is perhaps best known as being the home of Caesar Rodney, a popular lawyer and wartime leader during the American Revolution. The city was also an important stop on the Underground Railroad, even though the population of Dover was sharply divided on the issue of slavery. Many Dover, Delaware lawyers helped runaway slaves once they arrived.

Modernly, Dover's economy is fairly diverse. The largest employer in Dover, as well as in the entire state of Delaware, is the state government. The vast majority of the state's administrative functions are located in and around Dover. Another major employer is the Dover Air Force Base. This federal presence, along with the state government, employs many Dover, Delaware lawyers.

Residents of Dover, Delaware who need legal advice should have little trouble finding a good Dover, Delaware attorney.

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Dover Boundary Dispute Lawyers and Dover Title Attorneys

Title & Boundary Dispute Law in Delaware

Possible Outcomes of Boundary and Title Disputes in Dover, Delaware