Berwyn Boundary Dispute Lawyers and Berwyn Title Attorneys

Find the right Title & Boundary Dispute attorney in Berwyn, IL

Title & Boundary Dispute Law in Illinois

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.

In these situations, neighbors usually have the option to resolve the dispute by themselves. If the neighbors are on amicable terms with each other, and the dispute is minor (for example, it only involves a difference of a couple feet), and enforcing the property lines would be a major inconvenience for one or both of the neighbors, they'll probably decide to just go on as they had before. This is a viable option, to be sure, but it's not a perfect one: if, sometime down the road, one of the neighbors wants to attempt to enforce the legal boundaries, they might find themselves unable to do so.

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 Berwyn, Illinois, 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 common 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 usually 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 Berwyn, Illinois

Courts have many tools at their disposal to resolve boundary disputes. One way is to simply 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.

However, a court might also enforce the legal property boundaries, especially 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 also 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 particular piece of real property. Courts will consider many factors, and there are some difficult and (in some cases) antiquated legal issues that guide Berwyn, Illinois courts on these matters.

Suffice to say, you'll want the help of an expert on this subject. In general, however, you should know that courts almost always rule in favor of the buyer who first recorded the deed, AND (not "or") didn't have knowledge of any prior conveyances. This protects the buyer who was most diligent in vindicating his own rights, and acted in good faith (obviously, a buyer who knew about a prior sale of the same land isn't acting honestly).

What Can A Berwyn, Illinois Attorney Do?

The legal problems that can come up in boundary and title disputes can get very complex. Given this fact, and the high stakes of such disputes, most people shouldn't approach these problems without good legal representation. It should therefore go without saying that the counsel of a reputable Berwyn, Illinois real estate attorney is essential in most of these disputes.

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Life in Berwyn

Berwyn is located in Cook County in the state of Illinois. It has a population of 54,000 and was formed in the year 1908. It is frequently co-listed with Berwyn Township.

Berwyn is known for being the fastest-growing suburb in Illinois. It is noted for having the largest collection of Chicago-style brick two story bungalows in the United States. The city boasts a growing arts community due to its Arts Council and top notch entertainment and music venues. It also has a professional equity theater in operation. Berwyn has become a haven for artists who are seeking a vibrant alternative to downtown Chicago.

Other attractions in Berwyn include the widely celebrated Houby Day Parade and the Fall Mushroom Harvest, both of which are held annually. An annual vintage car parade called "Cartopia" is held wherein Berwyn residents can showcase their prized automobiles.

Lawyers in Berwyn, Illinois practice in a variety of legal fields. Specifically, many Berwyn lawyers focus on finance and investment law. This is because the Cermak Road area has been nicknamed the "Bohemian Wall Street", since it contains a large number of savings and loans institutions. Berwyn has been reported to have the highest concentration of financial and lending institutions in the entire world.

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