Attorney William Heyman of the Heyman Law Office has more than 20 years of experience in providing advice and litigating cases concerning real property disputes. These disputes often involve questions related to land titles, title insurance or property boundaries. To schedule a confidential consultation at his Baltimore law office call (410) 305-9287 or contact him online today.
Problems Introduced by Inaccurate Titles to Land
Perhaps the most common land title dispute situation occurs when the title or deed is incorrectly delineated or defined. In some situations, the recording office may mistakenly record a deed to two different people for the same tract of land. In other cases, neighbors may simultaneously believe that they have exclusive ownership of a parcel or strip of land. Most frequently, this scenario occurs due to confusion over the boundary between adjoining properties.
In some cases involving property boundary disputes, it is certainly possible that the neighbors can simply work out a resolution among themselves. This is typically possible when the individuals are friendly or maintain good relations. Unfortunately, not every situation works out amicably. Furthermore, attempting self-help regarding the property boundary dispute can shatter friendships and lead to longstanding hard feelings. Unfortunately, this is not the full extent of problems that can be created by a desire to engage in self-help.
In some circumstances the owners may agree to a mutual use of the land. However, they often fail to record this agreement in any legally sufficient or verifiable way. While it can be nice to see that some people can still settle things on the basis of a handshake, the unfortunate fact is that this act good faith can often be repaid by duplicity and dishonesty.
One owner may later decide that he or she is no longer satisfied with the shared use of the land on the property border. He or she may wish to expand his property which has the corresponding effect of reducing the size of his or her neighbor’s land. If the neighbor did not make use of the area, he or she may even present his or her continuous and unopposed use of the land as evidence of ownership by adverse possession despite the terms of the original oral agreement. While such action is underhanded, a court may choose to believe the party seeking to expand his holdings. After all, absent a record of the transaction, creditability is something that is subjective and open to interpretation. Moreover, if the resolution is not recorded, then a buyer or seller will not take the property subject to the agreement that was made. At times, this results in issues among new neighbors.
Solutions to Land Title Disputes
The more straightforward solution to land title disputes when they can be resolved amicably is to simply to ensure that the details of the agreement are recorded. The parties should draw up a contract that is legally sufficient and depending on the nature of the agreement, possibly record the transaction.
However, many matters cannot be worked out through simple negotiations and a handshake. Sometimes both parties feel that they have a valid and rightful claim to the property. In these situations where a dispute irreconcilable, litigation is often the only option to protect your property rights. Litigating an issue of this type requires a thorough understanding of state property laws, but also court rules and the rules of evidence. Litigating a land title dispute involves advocacy regarding an array of legal issues and legal factors the court uses to render a decision. A failure to understand these factors places you at a significant disadvantage.
Under many circumstances, title insurance may cover the losses resulting from a title defect. It is important to retain competent counsel to deal with the title companies and their attorneys, as coverage disputes and issues over damages often arise.
Rely on the Guidance of a Maryland Title Dispute Lawyer
If you are facing a neighbor who is encroaching on your property through his or her use or are facing a rivalrous, simultaneous claim to your land, you face a high-stakes situation concerning what is likely one of your primary assets. Depending on the circumstances, your failure to defend your right to your property may result in its loss. The Heyman Law Office can fight to protect your property rights in court. To schedule a confidential legal consultation with our team of lawyers, call (410) 305-9287 or contact us online today.