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Title & Boundary Dispute Law in Texas

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.

In these cases, what often happens is that the owner of the property which is really larger than he initially believed (due to the property line not being where he thought it was) wants to make use of the additional property, and eject his neighbor from it. The other neighbor, on the other hand, will want to keep using the land as before, to avoid having his property shrink.

People in Denton, Texas should also be aware of the possibility of title (ownership) disputes. Unlike the boundary disputes discussed above, the outcome of a title dispute can determine who owns an entire parcel of real property. Confusion over who actually owns a piece of property is more common that some people might imagine. Many local property records are still kept on paper, are not very well-organized, and sometimes date back a hundred years or more. A lost or misfiled deed is the most common way for a title dispute to arise. However, sometimes fraud on the part of a seller can lead to title disputes. Unscrupulous individuals will sometimes try to sell the same piece of land to more than one person. And some people even try to sell property they don't own, occasionally succeeding (and this isn't just limited to bridges in London). Normally, once the buyers discover they've been duped, the "seller" is nowhere to be found, leaving them to figure out who owns the land they all thought they had purchased.

Possible Outcomes of Boundary and Title Disputes in Denton, Texas

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.

In Denton, Texas 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.

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 Denton, Texas Attorney Do?

Because of the high stakes, going it alone in a boundary or title dispute is rarely prudent. Therefore, it's almost always a good idea to get a good Denton, Texas real estate attorney to help you with such legal problems.

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Life in Denton

Denton, Texas is a major city and the county seat of Denton County. It is best known for its world-acclaimed live music scene. The city of Denton has produced a long list of famous musical artists and Grammy award-winning performers. It is also an excellent city in terms of residential housing and employment opportunities.

Denton's lively musical culture centers mostly around the University of North Texas. The University runs an excellent music department which has sprung the careers of artists such as Norah Jones, Don Henley, Meat Loaf, and Roy Orbison. Many graduates of the University of North Texas have signed with major recording labels. The University also maintains Winspear Auditorium, which hosts concerts throughout the year. The presence of the University of North Texas as well as Texas Women's University helps to create an enjoyable "college-town" atmosphere in Denton.

Other attractions in Denton, Texas include the Golden Triangle Mall, which is a shopping complex that has more than 90 specialty stores. Visitors also flock to Denton to attend the Denton Arts and Jazz Festival and the North Texas State Fair and Rodeo. These annual festivities attract crowds of over 300,000 people.

Denton, Texas lawyers practice law in many different fields to meet the needs of the community. Lawyers in Denton are often members of multiple bar associations and civic groups. The Denton County "Courthouse-on-the Square" is a popular historic museum located in the city.

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Denton Boundary Dispute Lawyers and Denton Title Attorneys

Title & Boundary Dispute Law in Texas

Possible Outcomes of Boundary and Title Disputes in Denton, Texas