Waxahachie Boundary Dispute Lawyers and Waxahachie Title Attorneys

Find the right Title & Boundary Dispute attorney in Waxahachie, 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 substantial conflict, as one might expect.

In these cases, 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 includes 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 truly larger than he initially believed (due to the property line not being where he thought it was) wants to make use of the further 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 Waxahachie, 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 typically 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 truly owns the land that each of them thought they had just bought. Obviously, whoever loses this dispute will typically 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 Waxahachie, Texas

One possible result of a boundary dispute is a court effectively re-drawing the boundaries to fit what the neighbors had perceived. This is most frequently 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 various possible reasons, might decide to give effect to the legally-recorded property lines, which would always change the neighbors' situation, with respect to how they use their land. For instance, if the neighbor who is benefiting from the prevailing 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. Therefore, 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 essentially consented to the current arrangement when they took no action to correct it.

When a title dispute comes up in Waxahachie, Texas, the court has to apply some pretty confusing legal and equitable principles. These rules are sometimes very 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.

Usually, 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 Waxahachie, Texas Attorney Do?

Real property disputes usually 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 Waxahachie, Texas real estate attorney, who will assist you navigate these murky legal waters.

Talk to a Real Estate Law Attorney now!

Life in Waxahachie

The city of Waxahachie, Texas isa suburb of the state capital of Dallas and houses a population of just under 22,000 residents. Waxahachie is an easy thirty mile drive to Dallas, making the suburb a popular place for the city worker to live. Waxahachie comprises almost forty two square miles. The city gets its unique name from the Native American word for "cow creek" or "buffalo creek." The city's economy is very industry-based, although there are also two universities located in Waxahachie: Southern Assemblies of God University and Navarro College. Early College High School, located in the heart of Waxahachie is considered one of the top high schools in the state of Texas. The city is also the site of an annual Renaissance fair that draws international attention. Waxahachie also has some notable legal landmarks. The Richardsonian Romanesque Courthouse, which is considered to be best of Texas' older courthouses is located in Waxahachie. With such a pretty location to practice, it is no wonder that there are so many great lawyers located in the city limits. Waxahachie lawyers are skilled in a range of practice areas and able to help their local client with any legal issue he or she is confronted with.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Nicholas M.
Nicholas M.

Real Estate, Housing & Property Law

Golden, CO

Carl M.
Carl M.

Real Estate, Housing & Property Law

Seattle, WA

David A.
David A.

Real Estate, Housing & Property Law

Walnut Creek, CA