Chapel Hill Title Lawyers | Title Attorneys in NC

Title & Boundary Dispute Law in North Carolina

Occasionally, neighbors will find out that their use of their land (or what they thought was their land) is not reflected in the actual property lines on record. Obviously, this can create a problem.

In a seemingly-ideal situation, the neighbors will choose to ignore this new revelation, and go on as they always have. Of course, this doesn't happen frequently, and might have consequences down the road, including title eventually changing to reflect the perceived property lines, without the choice of either neighbor.

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 likely oppose any attempt to enforce the property lines.

People in Chapel Hill, North Carolina 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). Typically, 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 Chapel Hill, North Carolina

One customary 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 typically happens when both parties were, for many years, aware of the actual property boundaries, and did nothing about it. Moreover, 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.

Of course, there are plethora of reasons why a court might determine 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 typically say "I guess it wasn't that important to you if you waited 10 years to bring this to our attention. Next case."

With title disputes (as opposed to the boundary disputes discussed above), a Chapel Hill, North Carolina court has to determine who owns an entire parcel of land. There are some pretty complex legal issues involved here.

Without going into too much detail, the individual who recorded their deed initially will be the one who takes ownership, provided he or she did not know (or had no reason to know) of the existence of the other deed.

What Can A Chapel Hill, North Carolina Attorney Do?

Real property disputes usually involve very old legal principles that can even confound lawyers who aren't experts in real estate law. For that reason, you should almost always hire an expert Chapel Hill, North Carolina real estate attorney, who will assist you navigate these murky legal waters.

Talk to a Real Estate Law Attorney now!

(where you need legal help)

Can't find a category?

Life in Chapel Hill

Chapel Hill is located in Orange County, North Carolina. Chapel Hill is well-known because it is home to the University of North Carolina. It is also known because it helps comprise the "Research Triangle," which includes Chapel Hill, Durham, and Raleigh.

Interestingly, Chapel Hill is nicknamed "America's Foodiest Small Town" by Bon Appetit Magazine. Some popular restaurants are A Southern Season, Foster's Markeet, Mama's Dip's, Crook's Corner, Sunrise Biscuit Kitchen, Caffee Driade, and The Lantern Restaurant. Many of these places have been recognized by Martha Stewart, Rachael Ray, and the Food Network!

Chapel Hill is also home to many attorneys who help keep the legal force strong. This, in turn, helps residnets and local businesses because all their legal matters will be handled appropriately.

Some famous residents of Chapel Hill include Chris Stamey, Dean Smith, Jack Hogan, John Grisham, Hubert Davis, Ash Bowie, and K.A. Applegate.

Find a Lawyer

that specializes in your area of need

Real Estate Attorneys

in other North Carolina 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

Chapel Hill Boundary Dispute Lawyers and Chapel Hill Title Attorneys

Title & Boundary Dispute Law in North Carolina

Possible Outcomes of Boundary and Title Disputes in Chapel Hill, North Carolina