Title & Boundary Dispute Law in Louisiana
If you discover that you and your neighbor's use of your respective properties do not reflect the legal property lines, this can create a problem.
Sometimes, neighbors will decide amongst themselves that the issue isn't worth fighting over, and will go on as they did before. This is particularly likely if the neighbors are on good terms, and the difference between their use of the land, and the actual property lines, is small (say, a few feet or less). This is an ideal situation, at least in the short term. It can, however, cause problems in the future - preventing a neighbor from enforcing the actual property lines, if they suddenly have a reason to do so.
It's more commonly the case that one neighbor wants to maintain the current use of the land, property lines notwithstanding, while the other neighbor wants to enforce the property lines that are on record. This is because moving a property line necessarily expands the land of one neighbor, while shrinking the land of another. Obviously, the neighbor whose land would be shrunk will probably oppose any attempt to enforce the property lines.
In Calcasieu Parish, Louisiana, 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 frequent 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 normally 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 Calcasieu Parish, Louisiana
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 commonly 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.
A court, for many possible reasons, might decide to give effect to the legally-recorded property lines, which would generally change the neighbors' situation, with respect to how they use their land. For example, if the neighbor who is benefiting from the current situation (he is using land beyond the actual boundary of his property, thereby encroaching onto the land of another) knew about the discrepancy and took steps to actively hide this fact from the other neighbor, the court is very unlikely to do anything that rewards this behavior, even in the slightest. Accordingly, a court is likely to decide against the dishonest neighbor. Conversely, if the neighbor who would benefit from enforcing the property lines did nothing to make this happen for many years, a court will probably tell them that they had their chance, and basically consented to the current arrangement when they took no action to correct it.
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 Calcasieu Parish, Louisiana courts on these matters.
Without delving into the details too much, courts normally resolve title disputes by looking at who recorded the deed first, and whether or not that person had notice of any prior sales of the same land. To win in a dispute like this, a buyer will typically need to prove that they were the first to record their deed, and that they had no notice (or reason to know) of any prior conveyances of the same land.
What Can A Calcasieu Parish, Louisiana Attorney Do?
Because of the high stakes, going it alone in a boundary or title dispute is rarely advisable. Therefore, it's almost always a good idea to get a good Calcasieu Parish, Louisiana real estate attorney to help you with such legal problems.