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 create some fairly serious legal issues.
It's typically 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 quite 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. However, 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 truly larger than he initially believed (due to the property line not being where he thought it was) wants to make use of the additional 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 North Port, 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 typically 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 truly owns the land that each of them thought they had just bought. Obviously, whoever loses this dispute will typically 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 North Port, Florida
There are many ways to resolve boundary disputes. One way is to change the legal property lines to reflect the use that the neighbors had been making of the land before the discrepancy was discovered. This is usually considered a sort of "neutral" result - nobody's situation changes. If both neighbors knew about the real boundaries for a very long time, and did nothing about it, a court may view this as them having acquiesced to the status quo, and decide that it would be unfair to force the neighbors to change their use of the land after such a long period of time. This might also be done if enforcing the property lines would place a very large burden on one neighbor, and re-drawing them to reflect their actual use would put a comparatively small burden on the other neighbor
A court, for various possible reasons, might decide to give effect to the legally-recorded property lines, which would always change the neighbors' situation, with respect to how they use their land. For example, if the neighbor who is benefiting from the current 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. Accordingly, 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 basically consented to the current arrangement when they took no action to correct it.
With title disputes, a court has to decide who owns a particular piece of land. There are many factors that a court will consider, and this decision is governed by some fairly intricate laws in North Port, Florida.
Without delving into the details too much, courts typically 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 succeed in a dispute like this, a buyer will usually 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 North Port, Florida Attorney Do?
The legal issues surrounding title and boundary disputes can get pretty intricate, and there are typically very high stakes involved (most people think their land is pretty important). For that reason, a good North Port, Florida real estate attorney will prove invaluable if such a dispute arises.