Irving Title Lawyers | Title Attorneys in TX

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 significant 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 especially 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, nonetheless, cause problems in the future - preventing a neighbor from enforcing the actual property lines, if they suddenly have a reason to do so.

Therefore, neighbors more often 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.

In Irving, Texas, property can also be the subject of title disputes, rather than boundary disputes described above. These types of disagreements stem from disagreements over who owns a piece of property. Confusion in this area is more common than one might think. If a deed is improperly recorded, land can be "owned" by 2 people simultaneously. Even more troublesome is when land is "sold" to more than one person. This is usually inadvertent, but some people do it deliberately, hoping to abscond the profits acquired by selling the same thing twice. In cases like this, a court has to determine which buyer owns the land. This is a big deal, considering how unlikely it is that a defrauded buyer could get his or her money back.

Possible Outcomes of Boundary and Title Disputes in Irving, 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 case changes, and it's generally 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 significant hardship on one of the parties, not outweighed by the overall benefits of doing so.

Of course, there are plethora of reasons why a court might determine to enforce the property lines as the records indicate. If one neighbor knew about the discrepancy, and hid it from the other neighbor (presumably because the neighbor with the knowledge of the discrepancy benefited from it), a court will, of course, not reward this kind of dishonesty, and will decide against that neighbor. On the other hand, if the neighbor whose land would be expanded by enforcing the "real" property boundaries knew this fact, and took no action for many years, a court will probably not be receptive if he or she suddenly tries to enforce them. This is referred to as "sitting on one's rights," and courts will not reward this, either. If you have a legal right, you're expected to make efforts to vindicate it as soon as possible. If you don't, a court will essentially say "I guess it wasn't that important to you if you waited 10 years to bring this to our attention. Next case."

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

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 Irving, Texas Attorney Do?

The legal problems that can come up in boundary and title disputes can get very perplexing. Given this fact, and the high stakes of such disputes, most people shouldn't approach these issues without good legal representation. It should therefore go without saying that the counsel of a reliable Irving, Texas real estate attorney is essential in most of these disputes.

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Life in Irving

Irving, Texas is most notable for encompassing the master-planned Las Colinas development and the Mustangs at Las Colinas sculpture, which is the largest equestrian sculpture in the world. The massive sculpture depicts a band of horses running through a splashing fountain at 1.5 times their actual size and extends 400 feet. Others may know Irving as the home to the Dallas/Fort Worth International Airport that fits just inside city limits. The outstanding neighborhoods and easy airport access makes Irving an ideal location for business executives to headquarter their businesses.

Irving is home to lots of household names like Chuck E. Cheese's, Hostess Brands, Omni Hotels, ExxonMobil, and Kimberly-Clark producer of Kleenex, Cottonelle, Huggies, and Kotex feminine products. Additionally, the National Headquarters for the Boy Scouts of America calls Irving home. You know it's a standout community when the Boy Scouts approve.

Notable residents of Irving include ZZ Top drummer Frank Beard, Olympic sprinter Jeremy Warner, pro football player Demarcus Faggins. Surprisingly, Lee Harvey Oswald, accused assassin of President John F. Kennedy, lived with his family there for a period of time. Many believe he lived within Dallas. Irving has much more history for visitors and residents to enjoy because it's been around for over a century. Irving was founded in 1903 and named for author Washington Irving who was a favorite of a co-founder's wife.

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Irving Boundary Dispute Lawyers and Irving Title Attorneys

Title & Boundary Dispute Law in Texas

Possible Outcomes of Boundary and Title Disputes in Irving, Texas