Title & Boundary Dispute Law in Louisiana
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.
Sometimes, neighbors will decide amongst themselves that the issue isn't worth fighting over, and will go on as they did before. This is especially 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, nonetheless, 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 likely oppose any attempt to enforce the property lines.
People in Hammond, Louisiana should also be aware of the possibility of title (ownership) disputes. Unlike the boundary disputes considered above, the outcome of a title dispute can decide who owns an entire parcel of real property. Confusion over who actually owns a piece of property is more common that some people might imagine. Many local property records are still kept on paper, are not very well-organized, and sometimes date back a hundred years or more. A lost or misfiled deed is the most common way for a title dispute to arise. However, sometimes fraud on the part of a seller can lead to title disputes. Unscrupulous individuals will sometimes try to sell the same piece of land to more than one person. And some people even try to sell property they don't own, occasionally succeeding (and this isn't just limited to bridges in London). Normally, once the buyers discover they've been duped, the "seller" is nowhere to be found, leaving them to figure out who owns the land they all thought they had purchased.
Possible Outcomes of Boundary and Title Disputes in Hammond, Louisiana
One possible result 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.
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 (as opposed to the boundary disputes discussed above), a Hammond, Louisiana court has to determine who owns an entire parcel of land. There are some pretty complicated legal issues involved here.
Without delving into the specifics 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 Hammond, Louisiana Attorney Do?
As you might have gathered, it's not uncommon for the legal issues controlling boundary and title disputes to get very complicated. Additionally, any dispute that can affect one's use or ownership of land has very high stakes (land isn't normally cheap, after all). Therefore, it shouldn't come as a surprise that hiring a competent Hammond, Louisiana real estate lawyer to help in situations like this is always a good idea.