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 cases, 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 contains 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.
Normally, 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.
While the boundary disputes discussed above occur fairly regularly, they aren't the only type of land dispute that can happen in Yaphank, New York. There are also title disputes. These disagreements arise when it isn't clear who owns an entire parcel of land. There are many reasons why such confusion might arise, but a common one is failure to properly record a deed, or subsequent loss of a deed by the recording office. While normally innocent in origin, these disputes can also be the product of fraud. Sometimes, a landowner will sell his land to more than one person, with each buyer assuming that they are the only buyer. Having "sold" his land multiple times, the fraudster presumably flees the jurisdiction with his ill-gotten gains. This leaves the buyers to figure out who really owns the land that each of them thought they had just bought. Obviously, whoever loses this dispute will normally have to absorb the loss of the land's purchase price, if the fraudulent seller cannot be found.
Possible Outcomes of Boundary and Title Disputes in Yaphank, New York
Courts have many tools at their disposal to resolve boundary disputes. One way is to just re-draw the property lines to reflect how the neighbors had been using the land before the discrepancy was discovered. This doesn't truly change the position of either neighbor, and is sometimes the fairest result. This is most commonly 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.
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 basically 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 Yaphank, New York court has to determine who owns an entire parcel of land. There are some pretty difficult 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 Yaphank, New York 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 Yaphank, New York real estate attorney, who will assist you navigate these murky legal waters.