Title & Boundary Dispute Law in Ohio
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.
In these cases, what often happens is that the owner of the property which is actually larger than he initially believed (due to the property line not being where he thought it was) wants to make use of the further property, and eject his neighbor from it. The other neighbor, on the other hand, will want to keep using the land as before, to avoid having his property shrink.
Title disputes in Dublin, Ohio, on the other hand, involve questions of ownership over an entire parcel of land. This confusion can occasionally arise from improperly recorded deeds, resulting in inadvertent (and, occasionally, deliberate) sales of the same parcel of land to multiple people. Obviously, each buyer wants to be the one who takes title, particularly if it seems unlikely that they'll be able to get their money back. This can lead to some very heated disputes.
Possible Outcomes of Boundary and Title Disputes in Dublin, Ohio
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
On the other hand, a court could determine to take the opposite approach, and order the neighbors to abide by the legal property lines. When deciding which course of action to take, courts consider many factors, but majority of them boil down to common-sense principles of fairness. For instance, if the owner of the land who was encroaching onto his neighbor's land knew of the encroachment, and hid this fact from the other neighbor (hoping to continue to use more land than he paid for), that will weigh heavily in favor of enforcing the legal property lines. On the other hand, if neither neighbor knew about the error, and it turns out that the actual property line goes through somebody's living room, a court likely won't enforce them.
With title disputes, a court has to decide who owns a particular piece of land. There are many factors that a court will consider, and this decision is governed by some fairly complex laws in Dublin, Ohio.
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 Dublin, Ohio Attorney Do?
As you might have gathered, it's not uncommon for the legal issues controlling boundary and title disputes to get very complicated. Furthermore, any dispute that can affect one's use or ownership of land has very high stakes (land isn't usually cheap, after all). Therefore, it shouldn't come as a surprise that hiring a competent Dublin, Ohio real estate lawyer to help in situations like this is always a good idea.
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