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 examples, 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 includes 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 frequently 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.
In Zanesville, Ohio, 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 Zanesville, Ohio
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.
A court, for various possible reasons, might decide to give effect to the legally-recorded property lines, which would always change the neighbors' situation, with respect to how they use their land. For example, if the neighbor who is benefiting from the current situation (he is using land beyond the actual boundary of his property, thereby encroaching onto the land of another) knew about the discrepancy and took steps to actively hide this fact from the other neighbor, the court is very unlikely to do anything that rewards this behavior, even in the slightest. Accordingly, a court is likely to decide against the dishonest neighbor. Conversely, if the neighbor who would benefit from enforcing the property lines did nothing to make this happen for many years, a court will probably tell them that they had their chance, and basically consented to the current arrangement when they took no action to correct it.
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 intricate laws in Zanesville, Ohio.
Usually, the person who records the deed first will be the one who takes ownership. Of course, this will only be if they had no reason to know about the other deeds).
What Can A Zanesville, Ohio Attorney Do?
The legal problems that can come up in boundary and title disputes can get very confusing. Given this fact, and the high stakes of such disputes, most people shouldn't approach these problems without good legal representation. It should therefore go without saying that the counsel of a qualified Zanesville, Ohio real estate attorney is essential in most of these disputes.