Title & Boundary Dispute Law in South Carolina
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.
Thus, neighbors more commonly end up in some type of legal dispute over whether and to what extent the property lines should be enforced. Obviously, when the property lines are changed, one neighbor wins, and the other loses. It should come as no surprise, then, that legal fights are often the result.
Title disputes in Laurens, South Carolina, 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 Laurens, South Carolina
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 typically 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 considerable hardship on one of the parties, not outweighed by the overall benefits of doing so.
On the other hand, a court could decide to take the opposite approach, and order the neighbors to abide by the legal property lines. When deciding which course of action to take, courts consider many factors, but most of them boil down to common-sense principles of fairness. For example, if the owner of the land who was encroaching onto his neighbor's land knew of the encroachment, and hid this fact from the other neighbor (hoping to continue to use more land than he paid for), that will weigh heavily in favor of enforcing the legal property lines. On the other hand, if neither neighbor knew about the error, and it turns out that the actual property line goes through somebody's living room, a court probably won't enforce them.
When a title dispute comes up in Laurens, South Carolina, the court has to apply some pretty confusing legal and equitable principles. These rules are sometimes fairly 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 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 Laurens, South Carolina Attorney Do?
As you might have gathered, it's not uncommon for the legal issues governing boundary and title disputes to get very complicated. Additionally, any dispute that can affect one's use or ownership of land has very high stakes (land isn't normally cheap, after all). Therefore, it shouldn't come as a surprise that hiring a competent Laurens, South Carolina real estate lawyer to help in situations like this is always a good idea.