Salt Lake City Boundary Dispute Lawyers and Salt Lake City Title Attorneys

Find the right Title & Boundary Dispute attorney in Salt Lake City, UT

Title & Boundary Dispute Law in Utah

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 instances, 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.

Nonetheless, it's more common for the neighbor whose land is being encroached upon by the other neighbor to seek enforcement of the legal property lines. The other neighbor will almost certainly want to use the property as he had been, since enforcing the legal property lines would cause him to lose some of "his" land.

Title disputes in Salt Lake City, Utah, on the other hand, involve questions of ownership over an entire parcel of land. This confusion can occasionally arise from improperly recorded deeds, resulting in inadvertent (and, occasionally, deliberate) sales of the same parcel of land to multiple people. Obviously, each buyer wants to be the one who takes title, particularly if it seems unlikely that they'll be able to get their money back. This can lead to some very heated disputes.

Possible Outcomes of Boundary and Title Disputes in Salt Lake City, Utah

One customary resolution for boundary disputes is a court re-drawing the boundaries to fit with what the assumptions that the neighbors were operating under before the error was discovered. This typically happens when both parties were, for many years, aware of the actual property boundaries, and did nothing about it. Moreover, if the neighbor who has been encroaching onto the other neighbor's land has made costly improvements thereto, this weighs in favor of that neighbor, since changing the property lines would impose significant hardship on that neighbor.

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 typically say "I guess it wasn't that important to you if you waited 10 years to bring this to our attention. Next case."

With title disputes, a court has to decide who owns a particular piece of land. There are many factors that a court will consider, and this decision is governed by some fairly intricate laws in Salt Lake City, Utah.

Suffice to say, you'll want the assistance of an expert on this subject. In general, however, you should know that courts almost always rule in favor of the buyer who first recorded the deed, AND (not "or") didn't have knowledge of any previous conveyances. This protects the buyer who was most diligent in vindicating his own rights, and acted in good faith (obviously, a buyer who knew about a previous sale of the same land isn't acting honestly).

What Can A Salt Lake City, Utah Attorney Do?

Real property disputes frequently 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 Salt Lake City, Utah real estate attorney, who will assist you navigate these murky legal waters.

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Life in Salt Lake City

Salt Lake City, Utah is the capital of, and largest city in, the state of Utah. It is also the county seat of Salt Lake County. It has a population of about 180,000 people in the city proper, and its greater urban area has a population of over 2 million people. Salt Lake City was established as the center of Mormon settlement in the Utah Territory, with the first permanent settlement being established in 1847. Disputes quickly sprung up between the settlers and the federal government, largely over the former Mormon practice of polygamy (marrying multiple wives to a single man), which the religion was believed to encourage or mandate at the time. As part of an agreement to end these disputes, Utah (and the Mormon Church) banned polygamy, as a condition of Utah's admission to the Union. Modernly, Salt Lake City is a thriving medium-sized city, and it is one of the main population and economic centers in the Mountain West. Its economy is largely service-based. Utah is known for having some of the best skiing conditions in North America, so winter tourism is a major sector in the local economy. If you live in Salt Lake City, Utah, and need an attorney, it's very likely that you'll be able to find one who's right for you. Salt Lake City, Utah lawyers are used to handling a wide variety of cases, with great variation in sophistication.

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