Title & Boundary Dispute Law in Pennsylvania
There are times when neighbors will find themselves in a situation where how they've been using their land doesn't match up with the property boundaries that are on record. This can be a source of considerable conflict, as one might expect.
In a seemingly-ideal situation, the neighbors will choose to ignore this new revelation, and go on as they always have. Of course, this doesn't happen commonly, and might have consequences down the road, including title eventually changing to reflect the perceived property lines, without the choice of either neighbor.
Nonetheless, it's more common for the neighbor whose land is being encroached upon by the other neighbor to seek enforcement of the legal property lines. The other neighbor will almost certainly want to use the property as he had been, since enforcing the legal property lines would cause him to lose some of "his" land.
In addition to the boundary disputes mentioned above, land owners and buyers in Butler County, Pennsylvania should also be aware of the possibility of a title dispute. Rather than being a disagreement over the exact boundaries between two pieces of land, a title dispute is a dispute over who actually owns an entire plot of land. Uncertainty over ownership of land can come up more often than you might think, and is most often caused by a buyer's failure to correctly record a deed, or the accidental loss or destruction of a deed. Sometimes, however, these disputes can be more dishonest in origin: on occasion, unscrupulous sellers of land will attempt to sell the same parcel to more than one person. Obviously, once you've sold land to one person, you can't sell the same land to anyone else, as you no longer own it. These tricksters know this, but are attempting to gain a large amount of money through the multiple sales. Once this is done, they normally attempt to flee the state or country before the buyers discovery they've been duped. This leaves it up to the buyers to figure out amongst themselves who owns the land.
Possible Outcomes of Boundary and Title Disputes in Butler County, Pennsylvania
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.
Nonetheless, a court might also enforce the legal property boundaries, particularly if failing to do so would place a significant burden on the owner of the encroached-upon land. If the owner of the encroaching land knew of the encroachment, and concealed it from his neighbor, this fact would further weigh heavily in favor of enforcing the legal property lines.
When a title dispute comes up in Butler County, Pennsylvania, the court has to apply some pretty difficult legal and equitable principles. These rules are sometimes very obscure, mainly because they can trace their origins back hundreds of years, to the common-law courts of England. However, a close examination of them reveals their basic goal: deciding ownership disputes based on longstanding conceptions of basic fairness.
Typically, 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 Butler County, Pennsylvania Attorney Do?
Real property disputes frequently 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 Butler County, Pennsylvania real estate attorney, who will assist you navigate these murky legal waters.