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Title & Boundary Dispute Law in Georgia

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.

However, it's more common for the neighbor whose land is being encroached upon by the other neighbor to seek enforcement of the legal property lines. The other neighbor will almost certainly want to use the property as he had been, since enforcing the legal property lines would cause him to lose some of "his" land.

In Dalton, Georgia, property can also be the subject of title disputes, rather than boundary disputes described above. These types of disputes stem from disagreements over who owns a piece of property. Confusion in this area is more prevalent 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 typically inadvertent, but some people do it deliberately, hoping to abscond the profits gained 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 Dalton, Georgia

One possible outcome of a boundary dispute is a court effectively re-drawing the boundaries to fit what the neighbors had perceived. This is most frequently 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 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 Dalton, Georgia 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.

Usually, 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 Dalton, Georgia Attorney Do?

Because of the high stakes, going it alone in a boundary or title dispute is rarely prudent. Therefore, it's almost always a good idea to get a good Dalton, Georgia real estate attorney to help you with such legal problems.

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Life in Dalton

Located in the foothills of the Blue Ridge mountains, Dalton, Georgia is a self-proclaimed great place to live, work, and play. Home to roughly 33,000 residents Dalton has major Southern charm.

Known as the carpet capital of the world, Dalton is home to many of the nation's top carpet companies. Home to over 150 carpet factories, more than 90% of the world's carpet is produced in Dalton! Dalton also had many civil war relics and other historical sites, making it a great place for history buffs to visit and Dalton residents to admire and ejoy. In fact, Dalton was recently recognized as having more intact Civil Way artifacts than any other city in the country.

Fast forwarding from the civil war, Dalton is also home to many talented lawyers. Dalton lawyers specialize in a range of legal issues and are available to help serve their clients in any capacity they may find themselves dealing with. If you find yourself in Dalton, and in need of a top-notch attorney, then look no further. Dalton,Georgia is a great place for carpet, history lessons, and great attorneys.

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Dalton Boundary Dispute Lawyers and Dalton Title Attorneys

Title & Boundary Dispute Law in Georgia

Possible Outcomes of Boundary and Title Disputes in Dalton, Georgia