Title & Boundary Dispute Law in New York
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 these instances, 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.
Usually, 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 Sound Beach, New York, 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 common 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 usually 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 Sound Beach, New York
There are many ways to resolve boundary disputes. One way is to change the legal property lines to reflect the use that the neighbors had been making of the land before the discrepancy was discovered. This is generally regarded a sort of "neutral" result - nobody's situation changes. If both neighbors knew about the real boundaries for a very long time, and did nothing about it, a court may view this as them having acquiesced to the status quo, and decide that it would be unfair to force the neighbors to change their use of the land after such a long period of time. This might also be done if enforcing the property lines would place an extremely large burden on one neighbor, and re-drawing them to reflect their actual use would put a comparatively small burden on the other neighbor
A court may do the opposite, and decide to enforce the property lines as they're drawn. This will necessarily benefit one neighbor and hurt the other. A court will probably do this if one neighbor knew that his land was encroaching onto another person's property, and actively tried to hide that fact from his neighbor. Obviously, such bad actions shouldn't be rewarded. Conversely, if the neighbor whose land was being encroached upon knew about the discrepancy, and did nothing about it, the court will likely change the property lines to reflect this prior use, to prevent that neighbor from being rewarded for "sitting on his rights."
In the case of disputes over title, courts have to figure out who owns a specific piece of real property. Courts will consider many factors, and there are some difficult and (in some cases) antiquated legal issues that guide Sound Beach, New York courts on these matters.
Without delving into the specifics too much, courts usually 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 prevail in a dispute like this, a buyer will generally 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 Sound Beach, New York Attorney Do?
The legal issues surrounding title and boundary disagreements can get pretty perplexing, and there are usually very high stakes involved (most people think their land is pretty important). For that reason, a good Sound Beach, New York real estate attorney will prove invaluable if such a dispute arises.