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Title & Boundary Dispute Law in New York

Sometimes, 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. 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.

Consequently, neighbors more frequently 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 Niagara Falls, New York, 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 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 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 Niagara Falls, New York

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 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.

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 typically 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 confusing and (in some cases) antiquated legal issues that guide Niagara Falls, New York courts on these matters.

Without going into too much detail, the person who recorded their deed first 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 Niagara Falls, New York Attorney Do?

The legal issues surrounding title and boundary disputes can get pretty intricate, and there are typically very high stakes involved (most people think their land is pretty important). For that reason, a good Niagara Falls, New York real estate attorney will prove invaluable if such a dispute arises.

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Life in Niagara Falls

Niagara Falls, New York is a city in Niagara County. It is named for the famed waterfall on the Niagara River, where the town is located. It is right across the river from the city of Niagara Falls, Ontario, Canada. Both cities are named for the falls, and form an international metropolitan area. Niagara Falls has a population of about 55,000 people.

The economy of Niagara Falls is largely driven by tourism. Also, the falls provide more than enough hydroelectric power to power the town, giving it a cheap and effectively unlimited energy source. This led to the growth of industry in the town's early days. Modernly, however, tourism (with the falls being a major attraction for visitors from around the world) is the driving force of the local economy. However, this has not been enough to create real prosperity, since the departure of heavy industry. Over the last 40 years, Niagara Falls, New York has experienced severe economic hardship. However, there have been signs of improvement in recent years, and city officials and businesses are working very hard to ensure that this forward momentum continues.

If you live in Niagara Falls, New York, and need a lawyer, chances are good that you can find one. Niagara Falls, New York lawyers are able to handle just about any case that can be thrown at them.

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Niagara Falls Boundary Dispute Lawyers and Niagara Falls Title Attorneys

Title & Boundary Dispute Law in New York

Possible Outcomes of Boundary and Title Disputes in Niagara Falls, New York