Toledo Boundary Dispute Lawyers and Toledo Title Attorneys

Find the right Title & Boundary Dispute attorney in Toledo, OH

Title & Boundary Dispute Law in Ohio

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.

In these situations, 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.

It's more often the case that one neighbor wants to maintain the current use of the land, property lines notwithstanding, while the other neighbor wants to enforce the property lines that are on record. This is because moving a property line necessarily expands the land of one neighbor, while shrinking the land of another. Obviously, the neighbor whose land would be shrunk will probably oppose any attempt to enforce the property lines.

Title disputes in Toledo, Ohio, on the other hand, involve questions of ownership over an entire parcel of land. This confusion can sometimes 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, especially 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 Toledo, Ohio

Courts have many tools at their disposal to resolve boundary disputes. One way is to simply re-draw the property lines to reflect how the neighbors had been using the land before the discrepancy was discovered. This doesn't really change the position of either neighbor, and is sometimes the fairest result. This is most often 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 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 essentially 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 Toledo, Ohio 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 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 Toledo, Ohio Attorney Do?

Real property disputes often 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 Toledo, Ohio real estate attorney, who will help you navigate these murky legal waters.

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Life in Toledo

Toledo is the seat of Lucas County and the 4th most populous city in the State of Ohio. Toledo borders the State of Michigan and grew exponentially after the Miami and Eerie Canal were completed. As a transportation hub, Toledo is a midpoint between New York and Chicago via rail lines making it an ideal location for industry and commodity production. Toledo is widely known for its glass production including windows, doors, automobile windshields, art, and other construction materials. Johns Manville operates two premier fiberglass plants in Toledo alongside other giants like GlassTech. The automotive industry also thrives in Toledo with several Fortune 500 automotive companies that produce everything from spark plugs to performance parts.

Toledo's professional sports teams are a big attraction for locals and travelers alike. The Toledo Speedway hosts the Glass City 200 and is known as the home to the "Fastest Short Track Show" in the world which include drag races. The Inverness Club hosts a number of United States Golf Association (USGA) professional events like the U.S. Senior Open and the LPGA's Jamie Farr Owens Corning Classic. Raceway Park horse racing, Toledo Walleye hockey, and the Toledo Mud Hens who are the Detroit Tiger's minor league team are also play within city limits.

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