Wilkes Barre Boundary Dispute Lawyers and Wilkes Barre Title Attorneys

Find the right Title & Boundary Dispute attorney in Wilkes Barre, PA

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.

Ideally, the neighbors could just ignore 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. Furthermore, 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.

However, 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 Wilkes Barre, 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 someone 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 Wilkes Barre, Pennsylvania

One possible outcome of a boundary dispute is a court effectively re-drawing the boundaries to fit what the neighbors had perceived. This is most commonly done if the neighbors were aware for a long time of the "real" property lines, and didn't do anything about it. It also helps if the neighbor who is encroaching makes major improvements to the land, and enforcing the new property lines would place a major burden on him.

A court might do the opposite, and decide to enforce the property lines as they're drawn. This will generally benefit one neighbor and hurt the other. A court will probably do this if one neighbor knew that his land was encroaching onto another person's property, and actively tried to hide that fact from his neighbor. Obviously, such bad behavior shouldn't be rewarded. Conversely, if the neighbor whose land was being encroached upon knew about the discrepancy, and did nothing about it, the court will probably change the property lines to reflect this prior use, to prevent that neighbor from being rewarded for "sitting on his rights."

In Wilkes Barre, Pennsylvania courts have many options when it comes to resolving title disputes. However, these disputes are usually governed by some fairly difficult (and old) legal principles. While they're typically built around policies that most people would find to be quite fair and reasonable, their application can be nearly impenetrable, even for some lawyers.

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 Wilkes Barre, Pennsylvania Attorney Do?

The legal issues surrounding title and boundary disputes can get pretty convoluted, and there are normally very high stakes involved (most people think their land is pretty important). For that reason, a good Wilkes Barre, Pennsylvania real estate attorney will prove invaluable if such a dispute arises.

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Life in Wilkes Barre

Wilkes-Barre, population 43,000, is located in Luzerne County in the state of Pennsylvania. The city recently celebrated the 200th anniversary of its incorporation in 1806. Wilkes-Barre belongs to the Scranton-Wilkes Barre Pennsylvania Metropolitan Statistical Area.

As the county seat, Wilkes-Barre is an important economic and residential hub for Luzerne County. It features a blend of historic sites with modern technological accommodations. For example, popular places to visit in Wilkes-Barre include the Frederick Stegmaier Mansion and the Little Theatre of Wilkes-Barre. Luzerne County Museum is also located in the city.

Wilkes-Barre is also an excellent place for education and advancement opportunities. Wilkes University and King's College, which were both recently expanded, can be found in the city. Also, several large employers like GUARD Insurance Group and Benco Dental Supply Co. are situated in Wilkes-Barre. The city also implemented extensive renovation projects beginning in 2009.

Wilkes-Barre lawyers usually assist their clients at the Luzerne County Court of Common Pleas located in the city. Lawyers in Wilkes-Barre, Pennsylvania are known for providing quality services in a variety of legal fields and specialties. Many of them have received accreditation in multiple state bars.

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