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 substantial conflict, as one might expect.

Ideally, the neighbors could just dismiss the situation, and go on as they had before, effectively agreeing to change the property lines to reflect their past use. This doesn't always happen, however. Additionally, such a course of action is not free of issues, and could eventually result in ownership of the land legally changing to reflect the past use, even if one of the neighbors opposes this.

Typically, 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 Minersville, Pennsylvania. 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 typically 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 truly owns the land that each of them thought they had just bought. Obviously, whoever loses this dispute will typically 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 Minersville, Pennsylvania

One customary resolution for boundary disputes is a court re-drawing the boundaries to fit with what the assumptions that the neighbors were operating under before the error was discovered. This typically happens when both parties were, for many years, aware of the actual property boundaries, and did nothing about it. Moreover, if the neighbor who has been encroaching onto the other neighbor's land has made costly improvements thereto, this weighs in favor of that neighbor, since changing the property lines would impose significant hardship on that neighbor.

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 instance, if the neighbor who is benefiting from the prevailing 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. Therefore, 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 essentially consented to the current arrangement when they took no action to correct it.

When a title dispute comes up in Minersville, Pennsylvania, the court has to apply some pretty perplexing 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.

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 Minersville, Pennsylvania Attorney Do?

As you might have gathered, it's not uncommon for the legal issues controlling boundary and title disputes to get very complicated. Moreover, any dispute that can affect one's use or ownership of land has very high stakes (land isn't typically cheap, after all). Therefore, it shouldn't come as a surprise that hiring a competent Minersville, Pennsylvania real estate lawyer to help in situations like this is always a good idea.