Menomonee Falls 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 often, 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 often 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.

People in Menomonee Falls, Wisconsin should also be aware of the possibility of title (ownership) disputes. Unlike the boundary disputes considered above, the outcome of a title dispute can decide who owns an entire parcel of real property. Confusion over who actually owns a piece of property is more common that some people might imagine. Many local property records are still kept on paper, are not very well-organized, and sometimes date back a hundred years or more. A lost or misfiled deed is the most common way for a title dispute to arise. However, sometimes fraud on the part of a seller can lead to title disputes. Unscrupulous individuals will sometimes try to sell the same piece of land to more than one person. And some people even try to sell property they don't own, occasionally succeeding (and this isn't just limited to bridges in London). Usually, once the buyers discover they've been duped, the "seller" is nowhere to be found, leaving them to figure out who owns the land they all thought they had purchased.

Possible Outcomes of Boundary and Title Disputes in Menomonee Falls, Wisconsin

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 often 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.

On the other hand, a court could determine to take the opposite approach, and order the neighbors to abide by the legal property lines. When deciding which course of action to take, courts consider many factors, but majority of them boil down to common-sense principles of fairness. For instance, if the owner of the land who was encroaching onto his neighbor's land knew of the encroachment, and hid this fact from the other neighbor (hoping to continue to use more land than he paid for), that will weigh heavily in favor of enforcing the legal property lines. On the other hand, if neither neighbor knew about the error, and it turns out that the actual property line goes through somebody's living room, a court likely won't enforce them.

In Menomonee Falls, Wisconsin courts have many options when it comes to resolving title disputes. However, these disputes are usually controlled by some fairly perplexing (and old) legal principles. While they're generally built around policies that most people would find to be quite fair and reasonable, their application can be nearly impenetrable, even for some lawyers.

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 Menomonee Falls, Wisconsin 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 Menomonee Falls, Wisconsin real estate attorney will prove invaluable if such a dispute arises.

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Life in Menomonee Falls

Menomonee Falls, Wisconsin is a village in Waukesha County. It is located in the Milwaukee metro area, and is generally considered a suburb of Milwaukee. It has a population of about 32,000 people, which makes it the most populous village in Wisconsin.

Menomonee Falls is known for marrying small-town charm with the all the convenience of a thriving modern community. And because it is relatively close to the largest city in Wisconsin, residents can easily partake of the many activities and attractions that only a big city can offer, while still living in a quiet, tight-knit community.

Menomonee Falls is the native home, or current residence, of several famous people, including an U.S. Congressman, the drummer of the band Fall Out Boy, and several major league baseball players, professional football players, and professional golfers.

Menomonee Falls, Wisconsin attracts visitors with its beautiful scenery, small town charm, and unique shopping and dining options offered by its many local businesses.

There are plenty of Menomonee Falls, Wisconsin attorneys who can probably handle whatever type of legal case you may have. If you or a loved one has any legal problem, a Menomonee Falls, Wisconsin lawyer is the person to call.

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Menomonee Falls Boundary Dispute Lawyers and Menomonee Falls Title Attorneys

Title & Boundary Dispute Law in Wisconsin

Possible Outcomes of Boundary and Title Disputes in Menomonee Falls, Wisconsin