Title & Boundary Dispute Law in Missouri
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.
In these examples, neighbors usually have the option to resolve the dispute by themselves. If the neighbors are on amicable terms with each other, and the dispute is minor (for example, it only involves a difference of a couple feet), and enforcing the property lines would be a major inconvenience for one or both of the neighbors, they'll probably decide to just go on as they had before. This is a viable option, to be sure, but it's not a perfect one: if, sometime down the road, one of the neighbors wants to attempt to enforce the legal boundaries, they might find themselves unable to do so.
It's more often 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.
Title disputes in Glendale, Missouri, on the other hand, involve questions of ownership over an entire parcel of land. This confusion can sometimes arise from improperly recorded deeds, resulting in inadvertent (and, occasionally, deliberate) sales of the same parcel of land to multiple people. Obviously, each buyer wants to be the one who takes title, especially if it seems unlikely that they'll be able to get their money back. This can lead to some very heated disputes.
Possible Outcomes of Boundary and Title Disputes in Glendale, Missouri
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 really change the position of either neighbor, and is sometimes the fairest result. This is most often 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.
On the other hand, a court could decide 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 most of them boil down to common-sense principles of fairness. For example, 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 probably won't enforce them.
With title disputes, a court has to decide who owns a particular piece of land. There are many factors that a court will consider, and this decision is governed by some fairly complex laws in Glendale, Missouri.
Generally, the person who records the deed first will be the one who takes ownership. Of course, this will only be if they had no reason to know about the other deeds).
What Can A Glendale, Missouri Attorney Do?
The legal problems that can come up in boundary and title disputes can get very complex. Given this fact, and the high stakes of such disputes, most people shouldn't approach these problems without good legal representation. It should therefore go without saying that the counsel of a qualified Glendale, Missouri real estate attorney is essential in most of these disputes.