Johnson City Title Lawyers | Title Attorneys in TN

Title & Boundary Dispute Law in Tennessee

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.

Sometimes, neighbors will decide amongst themselves that the issue isn't worth fighting over, and will go on as they did before. This is particularly likely if the neighbors are on good terms, and the difference between their use of the land, and the actual property lines, is small (say, a few feet or less). This is an ideal situation, at least in the short term. It can, however, cause problems in the future - preventing a neighbor from enforcing the actual property lines, if they suddenly have a reason to do so.

Normally, 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.

In addition to the boundary disputes mentioned above, land owners and buyers in Johnson City, Tennessee 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 Johnson City, Tennessee

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.

A court, for many possible reasons, might decide to give effect to the legally-recorded property lines, which would generally 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.

In the case of disputes over title, courts have to figure out who owns a particular piece of real property. Courts will consider many factors, and there are some difficult and (in some cases) antiquated legal issues that guide Johnson City, Tennessee courts on these matters.

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 Johnson City, Tennessee Attorney Do?

The legal problems that can come up in boundary and title disputes can get very difficult. 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 Johnson City, Tennessee real estate attorney is essential in most of these disputes.

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Life in Johnson City

Johnson City is located in Carter, Sullivan and Washington Counties! It is in the state of Tennessee, with a population of around 63,152 people.

Forbes Magazine ranked it thirty-five in its list of the "Best Small Place for Business and Careers." Black Enterprise Magazine ranked the city eighth in the list for the "Best Place for African Americans to Retire."

Since the city provides such a great quality of life and is business-friendly, there are many attorneys available to support these residents and businesses. Attorneys in Johnson City are well-experienced and capable to handle the legal needs of both businesses and residents.

Some popular attractions include the Hands On! Regional Museum, Montrose Court, Watauga River, Boone Lake, and Gray Fossil Site.

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Johnson City Boundary Dispute Lawyers and Johnson City Title Attorneys

Title & Boundary Dispute Law in Tennessee

Possible Outcomes of Boundary and Title Disputes in Johnson City, Tennessee