Wichita Boundary Dispute Lawyers and Wichita Title Attorneys

Find the right Title & Boundary Dispute attorney in Wichita, KS

Title & Boundary Dispute Law in Kansas

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 often, and might have consequences down the road, including title eventually changing to reflect the perceived property lines, without the choice of either neighbor.

Therefore, neighbors more often end up in some type of legal dispute over whether and to what extent the property lines should be enforced. Obviously, when the property lines are changed, one neighbor wins, and the other loses. It should come as no surprise, then, that legal fights are often the result.

In addition to the boundary disputes mentioned above, land owners and buyers in Wichita, Kansas 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 disagreement 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 usually 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 Wichita, Kansas

One way to resolve boundary disputes is to simply re-draw the property lines to reflect what the neighbors thought they were all along. When this happens, nobody's case changes, and it's generally considered a neutral result (causing no significant loss or gain to either party). This is often done if both of the neighbors knew about the actual property lines for many years, and didn't do anything about it. A court might also take this course of action if enforcing the property lines would impose a significant hardship on one of the parties, not outweighed by the overall benefits of doing so.

On the other hand, a court could determine to take the opposite approach, and order the neighbors to abide by the legal property lines. When deciding which course of action to take, courts consider many factors, but majority of them boil down to common-sense principles of fairness. For instance, if the owner of the land who was encroaching onto his neighbor's land knew of the encroachment, and hid this fact from the other neighbor (hoping to continue to use more land than he paid for), that will weigh heavily in favor of enforcing the legal property lines. On the other hand, if neither neighbor knew about the error, and it turns out that the actual property line goes through somebody's living room, a court likely won't enforce them.

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 complex laws in Wichita, Kansas.

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 Wichita, Kansas Attorney Do?

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

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Life in Wichita

Wichita is the county seat of Sedgwick County in Kansas. With a population of over 372,000, it is the most populated city in all of Kansas, and ranks as the 51st largest U.S. city. In 2008, Wichita was named the #1 most affordable city to live in by MSN Real Estate. Newsmax Magazine has also named it the most "Uniquely American City". Due to its history in aviation and airplane science, Wichita is known as "The Air Capital of the World".

The city of Wichita has undergone considerable development over several decades. Old Town Wichita was renovated in the 1990's to include a hybrid-zone neighborhood complete with restaurants, hotels, residential homes, and nightclubs. Wichita also has several major shopping malls, a few of which host over 100 tenants.

Wichita is also a hub for academic and learning opportunities. Wichita State University, Newman University, and other technical and community colleges have established a presence in the city. Notable residents of Wichita have included actress Kirstie Alley, and Ann Durham, the mother of President Barack Obama.

Lawyers in Wichita, Kansas assist their clients by filing claims through the Municipal Court of the City in Wichita. Wichita's municipal court is the largest, most established municipal court in the state of Kansas. Also, many Wichita lawyers handle more complex legal claims in the 18th District Court for the County of Sedgwick.

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