Melbourne Boundary Dispute Lawyers and Melbourne Title Attorneys

Find the right Title & Boundary Dispute attorney in Melbourne, FL

Title & Boundary Dispute Law in Florida

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.

It's usually possible, though not always easy, for neighbors to come to a resolution of these disputes on their own. If the neighbors happen to like one another, and the difference between the actual property lines and what they believed the property lines to be is very small (a foot or two, for example), they might simply decide to go on as they had before. This is certainly a desirable solution in the short term, since it saves everyone a great deal of time and energy. Nonetheless, in the long term, this can cause problems, particularly if one neighbor decides they want to enforce the legal property lines down the road.

In these cases, what often happens is that the owner of the property which is actually 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.

While the boundary disputes discussed above occur fairly regularly, they aren't the only type of land dispute that can happen in Melbourne, Florida. There are also title disputes. These disagreements arise when it isn't clear who owns an entire parcel of land. There are many reasons why such confusion might arise, but a common one is failure to properly record a deed, or subsequent loss of a deed by the recording office. While usually innocent in origin, these disputes can also be the product of fraud. Sometimes, a landowner will sell his land to more than one person, with each buyer assuming that they are the only buyer. Having "sold" his land multiple times, the fraudster presumably flees the jurisdiction with his ill-gotten gains. This leaves the buyers to figure out who actually owns the land that each of them thought they had just bought. Obviously, whoever loses this dispute will usually have to absorb the loss of the land's purchase price, if the fraudulent seller cannot be found.

Possible Outcomes of Boundary and Title Disputes in Melbourne, Florida

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 often 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.

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

Generally, the person who records the deed first will be the one who takes ownership. Of course, this will only be if they had no reason to know about the other deeds).

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

Talk to a Real Estate Law Attorney now!

Life in Melbourne

When people think of Melbourne, they think Australia. However, the state of Florida also has a city named Melbourne. Melbourne was named in honor of its first postmaster, Cornthwaite John Hector. Hector had spent a majority of his life in Melbourne, Australia. Hence, the name Melbourne arose!

Popular employers in the city include DRS Technologies, General Electric, Harris Corporation, Northrop Grumman, Rockwell Collins and Embraer. Many of these companies are in the defense field. Therefore, much of Melbourne's workforce labors towards providing our country with top-notch defense.

Some popular attractions in Melbourne include the Foosaner Art Museum, the Historic Rossetter House Museum, Brevard Zoo, Wickham Park, and the Liberty Bell Memorial Museum.

Melbourne is filled with many small law offices, where attorneys work hard to provide excellent legal services and personalized attention!

Clients Rate LegalMatch Attorneys
(click to read reviews)

Nicholas M.
Nicholas M.

Real Estate, Housing & Property Law

Golden, CO

Carl M.
Carl M.

Real Estate, Housing & Property Law

Seattle, WA

David A.
David A.

Real Estate, Housing & Property Law

Walnut Creek, CA