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Title & Boundary Dispute Law in Virginia

Sometimes, neighbors will discover that the way they've been using their land doesn't conform with the property lines that the local government has on record. When they find out, the case has to be resolved somehow. In such cases, there is usually a winner and a loser, so conflict is likely to arise.

In a seemingly-ideal situation, the neighbors will choose to ignore this new revelation, and go on as they always have. Of course, this doesn't happen often, and might have consequences down the road, including title eventually changing to reflect the perceived property lines, without the choice of either neighbor.

In these cases, what often happens is that the owner of the property which is actually 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.

In addition to the boundary disputes mentioned above, land owners and buyers in Winchester, Virginia should also be aware of the possibility of a title dispute. Rather than being a disagreement over the exact boundaries between two pieces of land, a title dispute is a disagreement over who actually owns an entire plot of land. Uncertainty over ownership of land can come up more often than you might think, and is most often caused by a buyer's failure to correctly record a deed, or the accidental loss or destruction of a deed. Sometimes, however, these disputes can be more dishonest in origin: on occasion, unscrupulous sellers of land will attempt to sell the same parcel to more than one person. Obviously, once you've sold land to one person, you can't sell the same land to anyone else, as you no longer own it. These tricksters know this, but are attempting to gain a large amount of money through the multiple sales. Once this is done, they usually attempt to flee the state or country before the buyers discovery they've been duped. This leaves it up to the buyers to figure out amongst themselves who owns the land.

Possible Outcomes of Boundary and Title Disputes in Winchester, Virginia

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.

A court, for several possible reasons, might decide to give effect to the legally-recorded property lines, which would necessarily 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.

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 complex laws in Winchester, Virginia.

Without delving into the specifics too much, courts usually resolve title disputes by looking at who recorded the deed first, and whether or not that person had notice of any prior sales of the same land. To prevail in a dispute like this, a buyer will generally need to prove that they were the first to record their deed, and that they had no notice (or reason to know) of any prior conveyances of the same land.

What Can A Winchester, Virginia Attorney Do?

The legal issues surrounding title and boundary disagreements can get pretty perplexing, and there are usually very high stakes involved (most people think their land is pretty important). For that reason, a good Winchester, Virginia real estate attorney will prove invaluable if such a dispute arises.

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Life in Winchester

The beautiful Winchester, Virginia is located in the northwestern portion of the state and home to just over 26,000 residents. The city of Winchester is part of Frederick County.

Winchester is a city that played a pivotal role in the French and Indian War and the Civil War, and the Revolutionary War. Not surprisingly, the city has many historical monuments remembering those wars. During the Civil War, Winchester was one of the key strategic positions for the Confederate Army.

In addition to war relics, Winchester is also home to the annual Shenandoah Apple Blossom Festivals, which attracts over 250,000 visitors a year. Education is also important in Winchester, which is home to Shenandoah University.

The professional community in Winchester is also thriving. Winchester lawyers are some of the best in the business and are skilled in a range of legal practices. Winchester lawyers are always available to help their neighbor!

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Winchester Boundary Dispute Lawyers and Winchester Title Attorneys

Title & Boundary Dispute Law in Virginia

Possible Outcomes of Boundary and Title Disputes in Winchester, Virginia