Leominster Title Lawyers | Title Attorneys in MA

Title & Boundary Dispute Law in Massachusetts

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.

Thus, neighbors more commonly 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 Leominster, Massachusetts, 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 Leominster, Massachusetts

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 situation changes, and it's typically 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 considerable hardship on one of the parties, not outweighed by the overall benefits of doing so.

Of course, there are plenty of reasons why a court might decide to enforce the property lines as the records indicate. If one neighbor knew about the discrepancy, and hid it from the other neighbor (presumably because the neighbor with the knowledge of the discrepancy benefited from it), a court will, of course, not reward this kind of dishonesty, and will decide against that neighbor. On the other hand, if the neighbor whose land would be expanded by enforcing the "real" property boundaries knew this fact, and took no action for many years, a court will probably not be receptive if he or she suddenly tries to enforce them. This is referred to as "sitting on one's rights," and courts will not reward this, either. If you have a legal right, you're expected to make efforts to vindicate it as soon as possible. If you don't, a court will basically say "I guess it wasn't that important to you if you waited 10 years to bring this to our attention. Next case."

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 Leominster, Massachusetts courts on these matters.

Suffice to say, you'll want the help 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 prior 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 prior sale of the same land isn't acting honestly).

What Can A Leominster, Massachusetts Attorney Do?

Because of the high stakes, going it alone in a boundary or title dispute is rarely prudent. Therefore, it's almost always a good idea to get a good Leominster, Massachusetts real estate attorney to help you with such legal problems.

Talk to a Real Estate Law Attorney now!

(where you need legal help)

Can't find a category?

Life in Leominster

Leominster, Massachusetts is a cityin Worcester County, and has a population of about 42,000 people.

Prior to settlement of the Leominster area by Europeans, the area had been inhabited by various Native American tribes for thousands of years, and like most cities in the New England region, it was settled by Europeans in the mid-1600s.

As Leominster began to experience industrial growth in the 19th and 20th centuries, it became a major center for the manufacture of plastics, and various plastic products. Interestingly, this has its origins in the 1700s, when Leominster was a major center for the comb industry, with fine combs originally being made of whale baleen. The industry quickly transitioned to using plastic as soon as it became available, and helped to develop many new formulations of plastic, some of which are still in use.

As with many cities which saw industrial development in the 19th century, Leominster's industrial character has begun to decline. However, Leominster is still home to many businesses and schools.

If you live in Leominster, Massachusetts and need an attorney,chances are good that you'll be able to find one. Leominster, Massachusetts lawyers are able to hand many different kinds of cases. If you need legal help, you should call a Leominster, Massachusetts lawyer as soon as possible.

Find a Lawyer

that specializes in your area of need

Real Estate Attorneys

in other Massachusetts cities and towns

Clients Rate LegalMatch Attorneys
(click to read reviews)

Nicholas M.

Real Estate, Housing & Property Law

Golden, CO

Carl M.

Real Estate, Housing & Property Law

Seattle, WA

David A.

Real Estate, Housing & Property Law

Walnut Creek, CA

Choose Your Legal Category:

Choose Your Legal Category:

LegalMatch Resources

Leominster Boundary Dispute Lawyers and Leominster Title Attorneys

Title & Boundary Dispute Law in Massachusetts

Possible Outcomes of Boundary and Title Disputes in Leominster, Massachusetts