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Title & Boundary Dispute Law in Wisconsin

Occasionally, 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 situation 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 probably oppose any attempt to enforce the property lines.

People in Milwaukee, Wisconsin should also be aware of the possibility of title (ownership) disputes. Unlike the boundary disputes discussed above, the outcome of a title dispute can determine 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 Milwaukee, Wisconsin

One possible outcome 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.

A court might do the opposite, and decide to enforce the property lines as they're drawn. This will necessarily benefit one neighbor and hurt the other. A court will probably do this if one neighbor knew that his land was encroaching onto another person's property, and actively tried to hide that fact from his neighbor. Obviously, such bad behavior shouldn't be rewarded. Conversely, if the neighbor whose land was being encroached upon knew about the discrepancy, and did nothing about it, the court will probably change the property lines to reflect this prior use, to prevent that neighbor from being rewarded for "sitting on his rights."

When a title dispute comes up in Milwaukee, Wisconsin, the court has to apply some pretty difficult legal and equitable principles. These rules are sometimes fairly 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.

Without going into too much detail, the person who recorded their deed first 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 Milwaukee, Wisconsin Attorney Do?

Real property disputes typically 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 Milwaukee, Wisconsin real estate attorney, who will help you navigate these murky legal waters.

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Life in Milwaukee

Milwaukee, Wisconsin is the largest city in that state. It has a population of over 600,000 people.

The area now known as Milwaukee was populated by various Native American tribes for thousands of years before the arrival of European settlers. In the 1840s, a large wave of German immigrants, fleeing the 1848 revolution, sought the freedom and inexpensive land that the Milwaukee area offered. They contributed to the city's German character, which persists to this day. Beginning in the early 20th Century, Milwaukee became a major center for the socialist movement in the U.S., and elected 3 mayors from the Socialist Party.

Today, 13 companies in the Fortune 1000 have their headquarters in Milwaukee. Health care is one of the largest sectors of Milwaukee's economy, comprising about 27% of the jobs in the city. About 2/3 of the Milwaukee workforce is employed in manufacturing of some sort, which is one of the highest percentages in the U.S. - it seems clear that Milwaukee's manufacturing sector has survived the rash of factory closings and outsourcing that ravaged so many other Midwestern cities in the last few decades.

Milwaukee, Wisconsin has a thriving legal community. If you live in the Milwaukee area, and need legal services, a Milwaukee, Wisconsin lawyer can help.

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Milwaukee Boundary Dispute Lawyers and Milwaukee Title Attorneys

Title & Boundary Dispute Law in Wisconsin

Possible Outcomes of Boundary and Title Disputes in Milwaukee, Wisconsin