Title & Boundary Dispute Law in Maryland
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.
It's normally possible, though not always easy, for neighbors to come to a resolution of these disputes on their own. If the neighbors happen to like one another, and the difference between the actual property lines and what they believed the property lines to be is extremely small (a foot or two, for example), they might simply decide to go on as they had before. This is certainly a desirable solution in the short term, since it saves everyone a great deal of time and energy. However, in the long term, this can cause problems, particularly if one neighbor decides they want to enforce the legal property lines down the road.
Normally, when this happens, the owner of the property which is being encroached upon wants to expand their property to reflect the legal boundaries, and the owner of the land that will be shrunk by recognizing the legal property lines will want to keep the situation as it is.
While the boundary disputes discussed above occur fairly regularly, they aren't the only type of land dispute that can happen in Hampstead, Maryland. There are also title disputes. These disagreements arise when it isn't clear who owns an entire parcel of land. There are many reasons why such confusion might arise, but a common one is failure to properly record a deed, or subsequent loss of a deed by the recording office. While normally innocent in origin, these disputes can also be the product of fraud. Sometimes, a landowner will sell his land to more than one person, with each buyer assuming that they are the only buyer. Having "sold" his land multiple times, the fraudster presumably flees the jurisdiction with his ill-gotten gains. This leaves the buyers to figure out who really owns the land that each of them thought they had just bought. Obviously, whoever loses this dispute will normally have to absorb the loss of the land's purchase price, if the fraudulent seller cannot be found.
Possible Outcomes of Boundary and Title Disputes in Hampstead, Maryland
One frequent resolution for boundary disputes is a court re-drawing the boundaries to fit with what the assumptions that the neighbors were operating under before the error was discovered. This normally happens when both parties were, for many years, aware of the actual property boundaries, and did nothing about it. Additionally, if the neighbor who has been encroaching onto the other neighbor's land has made costly improvements thereto, this weighs in favor of that neighbor, since changing the property lines would impose significant hardship on that neighbor.
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.
With title disputes (as opposed to the boundary disputes discussed above), a Hampstead, Maryland court has to determine who owns an entire parcel of land. There are some pretty difficult legal issues involved here.
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 Hampstead, Maryland 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 Hampstead, Maryland real estate attorney to help you with such legal problems.