Manitowoc Title Lawyers | Title Attorneys in WI

Title & Boundary Dispute Law in Wisconsin

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 frequently, and might have consequences down the road, including title eventually changing to reflect the perceived property lines, without the choice of either neighbor.

It's more frequently the case that one neighbor wants to maintain the current use of the land, property lines notwithstanding, while the other neighbor wants to enforce the property lines that are on record. This is because moving a property line necessarily expands the land of one neighbor, while shrinking the land of another. Obviously, the neighbor whose land would be shrunk will likely oppose any attempt to enforce the property lines.

While the boundary disputes discussed above occur fairly regularly, they aren't the only type of land dispute that can happen in Manitowoc, Wisconsin. 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 Manitowoc, Wisconsin

Courts have many tools at their disposal to resolve boundary disputes. One way is to just re-draw the property lines to reflect how the neighbors had been using the land before the discrepancy was discovered. This doesn't very change the position of either neighbor, and is sometimes the fairest result. This is most frequently done because the neighbors were both aware of the legal property lines, and that they differed from how they were using the land, and went on using the land anyway.

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."

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 complicated and (in some cases) antiquated legal issues that guide Manitowoc, Wisconsin 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 Manitowoc, Wisconsin Attorney Do?

The legal problems that can come up in boundary and title disputes can get very complicated. 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 Manitowoc, Wisconsin real estate attorney is essential in most of these disputes.

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Life in Manitowoc

Manitowoc is a city located in Manitowoc County, Wisconsin. It is also the county seat of that county. As of the 2000 Census, Manitowoc has a population of approximately 35,000 people. The area now known was Manitowoc has been continuously populated by humans for thousands of years. It was first settled by people of European descent in 1835. Manitowoc has the interesting distinction of being the crash site of a Soviet spacecraft, Sputnik 4. The crash occurred in 1962, and involved a 20-pound piece of a much larger spacecraft. Nobody on the ground was injured, and the spacecraft itself had nobody in it. Today, there is a historical marker on the spot where the piece hit, and a cast of the part was made before it had to be returned to the USSR. The cast now sits in a museum in Manitowoc. Manitowoc is home to a zoo, as well as several historical sites, art museums, and parks, providing many recreational opportunities. If you live in Manitowoc, Wisconsin, and need an attorney, it's likely that you'll be able to find one. Manitowoc, Wisconsin lawyers can handle just about any case you might have.

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Manitowoc Boundary Dispute Lawyers and Manitowoc Title Attorneys

Title & Boundary Dispute Law in Wisconsin

Possible Outcomes of Boundary and Title Disputes in Manitowoc, Wisconsin