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 frequently 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 Evangeline 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 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 Evangeline Parish, Louisiana
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 very change the position of either neighbor, and is sometimes the fairest result. This is most frequently 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.
With title disputes (as opposed to the boundary disputes discussed above), an Evangeline Parish, Louisiana court has to determine who owns an entire parcel of land. There are some pretty complicated legal issues involved here.
In general, the person who first recorded the deed at the appropriate government office will be the one who the court deems to own the land, if they didn't have any reason to know about the existence of the other deed, or other sale, or whatever else gave rise to the title conflict.
What Can A Evangeline Parish, Louisiana Attorney Do?
As you might have gathered, it's not uncommon for the legal issues governing boundary and title disputes to get very complicated. Moreover, any dispute that can affect one's use or ownership of land has very high stakes (land isn't typically cheap, after all). Therefore, it shouldn't come as a surprise that hiring a competent Evangeline Parish, Louisiana real estate lawyer to help in situations like this is always a good idea.