Title & Boundary Dispute Law in Indiana
If you know that you and your neighbor's use of your respective properties do not reflect the legal property lines, this can cause a problem.
In a seemingly-ideal situation, the neighbors will choose to ignore this new revelation, and go on as they always have. Of course, this doesn't happen commonly, and might have consequences down the road, including title eventually changing to reflect the perceived property lines, without the choice of either neighbor.
Nonetheless, 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 addition to the boundary disputes mentioned above, land owners and buyers in Anderson, Indiana should also be aware of the possibility of a title dispute. Rather than being a disagreement over the exact boundaries between two pieces of land, a title dispute is a dispute over who actually owns an entire plot of land. Uncertainty over ownership of land can come up more often than you might think, and is most often caused by a buyer's failure to correctly record a deed, or the accidental loss or destruction of a deed. Sometimes, however, these disputes can be more dishonest in origin: on occasion, unscrupulous sellers of land will attempt to sell the same parcel to more than one person. Obviously, once you've sold land to one person, you can't sell the same land to anyone else, as you no longer own it. These tricksters know this, but are attempting to gain a large amount of money through the multiple sales. Once this is done, they normally attempt to flee the state or country before the buyers discovery they've been duped. This leaves it up to the buyers to figure out amongst themselves who owns the land.
Possible Outcomes of Boundary and Title Disputes in Anderson, Indiana
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 truly change the position of either neighbor, and is sometimes the fairest result. This is most commonly 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.
A court may do the opposite, and decide to enforce the property lines as they're drawn. This will generally benefit one neighbor and hurt the other. A court will probably do this if one neighbor knew that his land was encroaching onto another person's property, and actively tried to hide that fact from his neighbor. Obviously, such bad actions shouldn't be rewarded. Conversely, if the neighbor whose land was being encroached upon knew about the discrepancy, and did nothing about it, the court will likely change the property lines to reflect this prior use, to prevent that neighbor from being rewarded for "sitting on his rights."
When a title dispute comes up in Anderson, Indiana, the court has to apply some pretty complicated legal and equitable principles. These rules are sometimes very obscure, mainly because they can trace their origins back hundreds of years, to the common-law courts of England. However, a close examination of them reveals their basic goal: deciding ownership disputes based on longstanding conceptions of basic fairness.
Suffice to say, you'll want the assistance 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 previous 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 previous sale of the same land isn't acting honestly).
What Can A Anderson, Indiana Attorney Do?
The legal issues surrounding title and boundary disagreements can get pretty difficult, and there are normally very high stakes involved (most people think their land is pretty important). For that reason, a good Anderson, Indiana real estate attorney will prove invaluable if such a dispute arises.
Great Lawyer would recommend anytime.
Was very good at his job and helped me get what I needed.
Nick Muller was very helpful to me about my case. He understood what I needed and he was very quick to get the job done. I am very grateful for his help
Nick responded immediately every time that I contacted him. I wasn't sure who to call and I decided to give Legal Match a try. I couldn't be happier with the results. Nick's knowledge, honesty and calm demeanor reassured me each step of the way. Hopefully I won't need a lawyer again, but if I do I won't hesitate to call Nick again.
Nick has been so great. My past experience with attorneys have never actually been enjoyable, but Nick was kind and understanding from our very first conversation which he consulted for free. He kept me updated constantly and had my case settled within the week of us speaking. THANK YOU, Nick for being so kind and fair.
Nick G. Muller responded to my LegalMatch request within a few hours after I posted it. He was extremely knowledgeable in the area I needed legal representation in. He explained everything to me in terms which I understood, and was very clear about what his plan of course was and the outcomes that could possibly follow. Nick only charged me for one hour of work; despite the fact that due to some technology issues (with scanning and faxing on my end) he spent more than an hour with me. Nick worked with me on a time sensitive case over the weekend; a time that most law offices would be closed. Nick stayed in great contact with me, and made me feel confident in the outcome of my case! I would use Nick in the future, and I would recommend him to anyone who has needs for a real-estate attorney.
Nicholas G. Muller is a very good attorney! He really helped take a huge burden off of my shoulders so that I could rest. I highly recommend him!
Accountant
Actually, I did hire him but I basically handled my situation and got the necessary results before a contract was signed with Attorney Muller beyond the first 30 minute consultation. That said, he seemed very nice and if I would need an attorney in the area of his expertise I would contact him again. Thank you.
He kept on the HOA, maintained my best interest, fully understood the issue. I would recommend Nick Muller 100%
thanks!
Was incredible, just who we needed to represent us with our needs.
Nicholas was very knowledgeable / Professional and knew exactly what to do. We was also very quick to handle my case. I will definitely hire him again.
Wonderful. With Nick Muller on my side, I felt safe and protected and knew I would not be taken advantage of. Thank you.
Nick assisted me with the highest level of professionalism and addressed all of my legal needs. I highly recommend him.
Can't say Thank you enough to Mr. Muller and to Legal match. Wasn't sure what to expect from this on line service, but I couldn't have found a better attorney had i looked through the phone book. Mr. Muller was very clear in what he would do for me and the outcome was better than I could have asked. Many Thanks!
Excellent in all areas. I have already recommended him to others in the area.
Nick was amazing. Not only did he take the time to fully understand our questions and needs, but he put in time outside of business hours when he really didn't have to. It's that kind of dedication that we were looking for, and for that, we are very thankful. We will definitely use Nick again of the need arises.
Nick Muller is an asset to the Legal community. Thanks for having Nick Muller on your team!
Great Lawyer that won my case for me! Nicholas was prompt, knowledgeable, and very friendly. His pricing was fair and what I expected. I would use him again.
I would absolutely hire Mr. MULLER again. He reached out instantly and his help was almost as quick. He was very affordable and after hiring him my rental nightmare ended and can now sleep again. I would highly recommend him. I seriously wanted to drive to Golden and hug him. He has followed up numerous times, but not overbearing. Superb service. Thank you again Mr. MULLER.
Mr. Mueller was absolutely wonderful to work with!! He was always quick to respond to my issues and questions about my case!! He worked expeditiously and with persistence to resolve the matter with an outcome much better than I had expected!! His kind and professional manner made it very easy to work with him again and I will absolutely use him again in the future should I have another need to retain legal services. I highly recommend him!! Thanks Nick!!
Mr. Muller did an excellent job for me and in fast timely manner, I appreciate his work.
Mr Muller contacted me quickly, answered all my questions and concerns completely and handled everything professionally and in a timely manner. I would definitely have Mr. Muller represent me again and highly recommend his services.
Nick Muller was very helpful in all phases of the negotiation and followed up with a conclusion that was more than I was hoping for. I would definitely turn to him if I needed legal representation in the future.
Nick was by far the most impressive Lawyer I have worked with. He treated me like family and was a bulldog on the issues. Couldn't have found a better lawyer to represent me.
Fantastic service, quick response and very personable. I couldn't have asked for a better attorney to help me.
This was the best legal experience I've ever had and I have had many personally and professionally. Nick is excellent at digesting a great deal of information in a short period of time, acting swiftly to move the matter forward in a professional manner. He is adept at handling various personality types and view points without losing sight of the desired legal outcome. I would recommend him without reservation to anyone needing legal expertise.
He was awesome. Lots of work for a great price.
Nicholas Muller has the highest integrity,is a skillfully effective and efficient negotiator and produced the results we sought promptly.
Mr. Muller was Excellent. He took a huge burden off of my back within a very short period of time.