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.

In these situations, neighbors usually have the option to resolve the dispute by themselves. If the neighbors are on amicable terms with each other, and the dispute is minor (for example, it only contains a difference of a couple feet), and enforcing the property lines would be a major inconvenience for one or both of the neighbors, they'll probably decide to just go on as they had before. This is a viable option, to be sure, but it's not a perfect one: if, sometime down the road, one of the neighbors wants to attempt to enforce the legal boundaries, they might find themselves unable 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.

While the boundary disputes discussed above occur fairly regularly, they aren't the only type of land dispute that can happen in Wake, Texas. There are also title disputes. These disagreements arise when it isn't clear who owns an entire parcel of land. There are many reasons why such confusion might arise, but a common one is failure to properly record a deed, or subsequent loss of a deed by the recording office. While normally innocent in origin, these disputes can also be the product of fraud. Sometimes, a landowner will sell his land to more than one person, with each buyer assuming that they are the only buyer. Having "sold" his land multiple times, the fraudster presumably flees the jurisdiction with his ill-gotten gains. This leaves the buyers to figure out who really owns the land that each of them thought they had just bought. Obviously, whoever loses this dispute will normally have to absorb the loss of the land's purchase price, if the fraudulent seller cannot be found.

Possible Outcomes of Boundary and Title Disputes in Wake, Texas

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, 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.

With title disputes (as opposed to the boundary disputes discussed above), a Wake, Texas court has to determine who owns an entire parcel of land. There are some pretty confusing legal issues involved here.

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 Wake, Texas Attorney Do?

Real property disputes often involve very old legal principles that can even confound lawyers who aren't experts in real estate law. For that reason, you should almost always hire an expert Wake, Texas real estate attorney, who will help you navigate these murky legal waters.