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 Okaloosa County, 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 Okaloosa County, Florida
Courts have many tools at their disposal to resolve boundary disputes. One way is to just re-draw the property lines to reflect how the neighbors had been using the land before the discrepancy was discovered. This doesn't really change the position of either neighbor, and is sometimes the fairest result. This is most often done because the neighbors were both aware of the legal property lines, and that they differed from how they were using the land, and went on using the land anyway.
Nonetheless, a court might also enforce the legal property boundaries, particularly if failing to do so would place a significant burden on the owner of the encroached-upon land. If the owner of the encroaching land knew of the encroachment, and concealed it from his neighbor, this fact would further weigh heavily in favor of enforcing the legal property lines.
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 complex and (in some cases) antiquated legal issues that guide Okaloosa County, Florida courts on these matters.
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 Okaloosa County, Florida Attorney Do?
Because of the high stakes, going it alone in a boundary or title dispute is rarely judicious. Therefore, it's almost always a good idea to get a good Okaloosa County, Florida real estate attorney to help you with such legal problems.