Title & Boundary Dispute Law in New Jersey
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.
It's typically 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 quite 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. Nonetheless, in the long term, this can cause problems, particularly if one neighbor decides they want to enforce the legal property lines down the road.
Typically, 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.
In Wyckoff, New Jersey, property can also be the subject of title disputes, rather than boundary disputes described above. These types of disagreements stem from disagreements over who owns a piece of property. Confusion in this area is more prevalent 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 typically inadvertent, but some people do it deliberately, hoping to abscond the profits acquired 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 Wyckoff, New Jersey
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 case changes, and it's usually 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 substantial hardship on one of the parties, not outweighed by the overall benefits of doing so.
Nonetheless, a court might also enforce the legal property boundaries, particularly if failing to do so would place a significant burden on the owner of the encroached-upon land. If the owner of the encroaching land knew of the encroachment, and concealed it from his neighbor, this fact would further weigh heavily in favor of enforcing the legal property lines.
In Wyckoff, New Jersey courts have many options when it comes to resolving title disputes. However, these disputes are usually controlled by some fairly complicated (and old) legal principles. While they're usually built around policies that most people would find to be quite fair and reasonable, their application can be nearly impenetrable, even for some lawyers.
Without delving into the specifics too much, courts typically 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 succeed in a dispute like this, a buyer will usually 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 Wyckoff, New Jersey Attorney Do?
The legal issues surrounding title and boundary disagreements can get pretty confusing, and there are typically very high stakes involved (most people think their land is pretty important). For that reason, a good Wyckoff, New Jersey real estate attorney will prove invaluable if such a dispute arises.