what type of real estate lawyer should be hired to fight a disputed real estate trust

by Mr. Braden Shields IV 9 min read

If you are involved in any sort of trust dispute, you should immediately consult with a local estate lawyer. An experienced and local estate planning attorney would be best suited to understanding your state's specific laws regarding trusts, wills, and estates.Apr 26, 2021

What to do if you are involved in a trust dispute?

Sep 24, 2016 · Real estate lawyers are typically hired for either of two types of functions: (1) to litigate real estate-related cases, or (2) to handle the legal aspects of a real estate transaction. Real estate lawyers are essentially mediators who step in when real estate deals go south. Some real estate lawyers specialize in residential or commercial real ...

Do I need a lawyer to resolve a property dispute?

When someone has hired a real estate lawyer to ensure the deal completes correctly with all paperwork filled out appropriately, it is often the legal representative that discovers there is a scam in the works. Sometimes, the lawyer must follow a paper trail that reveals missing details, data that does not coincide with a valid person or similar ...

Who is involved in a property dispute?

Feb 13, 2019 · Real estate lawyers may also negotiate in a dispute between landlord and tenants during an eviction case. For more significant projects that may involve the public or commercial builders and developers of high-rise establishments, the legal matters may be consulted with real estate attorneys specializing in land use and development.

When do you need a real estate lawyer?

Apr 26, 2021 · If you are involved in any sort of trust dispute, you should immediately consult with a local estate lawyer. An experienced and local estate planning attorney would be best suited to understanding your state’s specific laws regarding trusts, wills, and estates.

How do you resolve a trust?

You may be able to resolve trust problems with a beneficiary by:Seeking a compromise as long as you are can do so without violating your fiduciary duty or your obligations as trustee.Considering a formal request for a new trustee or your resignation if the relationship is not working.

How do I dispute a trust in Florida?

In the state of Florida, you can generally contest a will any time before the probate process is complete. Once the will has been submitted to the court, you have 3 months from the time you receive notice of this to contest it. If the will has not been submitted to the court yet, you can challenge it at any time.Aug 14, 2020

What is the statute of limitations on a trust in California?

three-yearThe Commission recommends amendment of Section 16460 to make clear, consistent with the original intent of the statute, that a three-year limitations period on claims for breach of trust applies whether or not an account or report is given to the beneficiary.

How do I contest a trust in Missouri?

To contest a family trust, you generally must:Be an interested party to the trust, meaning you have a stake in claiming its assets;Have a legal basis for your claim. ... File your claim within the time frame stipulated in your state's statute of limitations for contesting a trust.

Who can contest a trust in Florida?

You have to have an interest that was affected by a trust before you can file a trust lawsuit attacking it. And it matters for two reasons. 1st, family members and prior beneficiaries may want to challenge a change to the trust if there was undue influence or fraud.Oct 22, 2021

Can you contest a revocable trust in Florida?

While it's relatively common to contest a will in Florida, a trust may also be contested in select scenarios. In the event you are successful in contesting the trust in question, it could result in the need to modify the trust or even terminate it in some cases.Dec 11, 2019

What is a no contest clause in a trust?

If you are worried that disappointed heirs could contest your will or trust after you die, one option is to include a "no-contest clause" in your estate planning documents. A no-contest clause provides that if an heir challenges the will or trust and loses, then he or she will get nothing.Jul 29, 2021

Is it difficult to contest a trust in California?

Trust Does Not Represent the Settlor's Intent The trust's beneficiaries can file a lawsuit claiming that someone exerted undue influence over the trustee by manipulating them to set up the trust. However, these kinds of ulterior motives are often difficult to prove and are challenging cases to provide evidence for.Sep 8, 2021

How many days do you have to contest a trust in California?

120 daysThe deadline to contest a trust is 120 days from the date the notice under Probate Code 16061.7 is mailed. This notice provides specific, required information to be provided to the heirs at law and beneficiaries of the trust.

Can a trust be contested?

A trust can be contested for many of the same reasons as a will, including lack of testamentary capacity, undue influence, or lack of requisite formalities. The beneficiaries may also challenge the trustee's actions as violating the terms and purpose of the trust.Oct 15, 2021

Who can contest a will?

Who can contest a will? Theoretically, anyone can challenge a will, whether that's a sibling, or someone who doesn't appear to benefit on first glance, but may be a residuary beneficiary. However, contesting a will is not something you should consider without good reason.Feb 1, 2021

Can a trustee withhold money from a beneficiary?

Can a trustee refuse to pay a beneficiary? Yes, a trustee can refuse to pay a beneficiary if the trust allows them to do so. Whether a trustee can refuse to pay a beneficiary depends on how the trust document is written. Trustees are legally obligated to comply with the terms of the trust when distributing assets.

How to resolve a dispute with a HOA?

Hire an Attorney. If you are involved in a dispute with your HOA, you should hire an HOA attorney to assist you. HOA matters can become heated and emotional, so it is best to have an experienced attorney handle the negotiations and resolve the dispute for you.

What does an attorney do for a HOA?

Your attorney can also keep you informed of changes in the laws and give you advice on how to handle matters as they come up. HOA's have responsibilities to maintain the common areas of your community and make repairs, but they don't have the rights to infringe on your freedom and personal life.

What to do if you are fined by your homeowners association?

If you have been cited, fined, want to sue your homeowners' association or your homeowners' association has filed a lawsuit against you, then you should contact a HOA attorney. While it is unpleasant to be in a dispute with your association, it is quite common. The attorney is knowledgeable about HOA dispute matters and state laws.

What is an association in a condominium?

The association is a governing body that runs your planned community or condominium building. They association has a board of directors. Residents are elected to serve in positions such as President, Secretary and Chief Financial Offer or Treasurer.

Do you have to give consent to a text message from Martindale-Nolo?

You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply.

Can you sue a homeowner association without giving notice?

Although some homeowners associations have been known to file a lawsuit without giving notice to the homeowner accused of violations.

What is a real estate lawyer?

Real estate lawyers are typically hired for either of two types of functions: (1) to litigate real estate-related cases, or (2) to handle the legal aspects of a real estate transaction. Real estate lawyers are essentially mediators who step in when real estate deals go south. Some real estate lawyers specialize in residential or commercial real estate, while others focus on specific issues like subdivision and zoning laws. To explore this concept, consider the following real estate lawyer definition.

What is malpractice in law?

Malpractice is defined as negligence or misconduct on the part of a professional, such as a doctor or a lawyer. A client can take legal action against an attorney if the attorney makes a serious error, or fails to meet a standard of conduct and, as a result, the client is injured or damaged because of the attorney’s error.

Who owns the disputed property?

Your neighbor owns the disputed property through adverse possession, a doctrine that allows someone who has used a piece of property without the owner's objection for a statutorily prescribed number of years to gain ownership over it.

What is the best way to resolve boundary disputes?

There are different types of boundary disputes, and different approaches to solving them. Cooperation and diplomacy, however, are often the best solutions, no matter which side of the fence or property line you’re on. A lawsuit against a neighbor is seldom a good idea.

What to do when neighbors have different understandings of where the boundary line is?

When you realize that you and your neighbor have different understandings of where the boundary line is, you should be proactive. Schedule a real discussion, where each of you brings your various legal documents, largely from the home transfer and title insurance files — deeds, plat maps, and property surveys —to the table.

How to file a lawsuit against a neighbor?

Be ready for your neighbor's defenses, and review the strength of your possible responses before you decide to file a lawsuit. A neighbor's most likely defenses with regard to a boundary dispute might include: 1 You have the facts wrong, or have incorrectly read the deed to your property. 2 Your neighbor owns the disputed property through adverse possession, a doctrine that allows someone who has used a piece of property without the owner's objection for a statutorily prescribed number of years to gain ownership over it. 3 Property use established a prescriptive easement, authorizing your neighbor to come across your property. 4 You gave consent to use your property. 5 You waited too long file a lawsuit, and the statute of limitations (the allowable time within which to file) ran out.

What to do if your deeds are unclear?

If your deeds or existing surveys are unclear, you and your neighbor might agree to hire a land surveyor to give you an objective report regarding the property boundaries. If factual information isn't resolving the dispute, you might also hire a mediator to facilitate a negotiation between you and your neighbor.

What is boundary dispute?

A boundary dispute might be a question of confusion or uncertainty. Perhaps neither you nor your neighbor has ever really looked at your respective deeds, and both had different assumptions about the extent of your property. A boundary dispute can also be for technical reasons; perhaps your neighbor's deed actually shows possession ...

What is a prescriptive easement?

Property use established a prescriptive easement, authorizing your neighbor to come across your property. You gave consent to use your property. You waited too long file a lawsuit, and the statute of limitations (the allowable time within which to file) ran out.

When fraud occurs, should a lawyer be contacted?

When fraud occurs, a lawyer should be contacted to determine what to do next. Personal information may be used in a public settings such as a real estate dealing where the agent or client may be unaware the other person is using stolen information or financials of someone other than who is present. When someone has hired a real estate lawyer ...

What are the red flags when buying real estate?

When buying or selling real estate, there are many dangers that someone must be aware of that could lead to legal action. These red flags may be due to fraud crimes.

Why is it important to stay informed about scams?

Because most homeowners are unaware of so many current and past scams, it is important to stay informed so that the person interested in buying or selling may avoid the pitfalls of scam artists with intent to defraud others. A real estate lawyer would caution against signing any document without consulting legal representation, avoiding anything that appears suspicious and to always ask questions. If someone has fallen for one of these illegal acts, legal representation is imperative to attempt to resolve the situation.

Why are elderly people the target of scams?

It is because the elderly are considered frail of mind that they are often the targets for fraud, identity theft and real estate scams. Some scam artists attempt to prey upon others through foreclosure rescue scenarios. They contact mortgage holders and explain to them that they may save the house through title transfers that are only temporary. Other problems these criminals enact are to eliminate mortgages through possible loopholes. Some targets of these persons have their information stolen when they believe the scam artists are real estate agents, lenders or those attempting to assist them in these matters.

What does it mean when a real estate scam is a scam?

This could mean the house is taken from them, they must file for bankruptcy due to other circumstances, credit being damaged and various other problems that alter the person’s life.

Is a real estate lawyer a scam?

When someone has hired a real estate lawyer to ensure the deal completes correctly with all paperwork filled out appropriately , it is often the legal representative that discovers there is a scam in the works . Sometimes, the lawyer must follow a paper trail that reveals missing details, data that does not coincide with a valid person ...

Can a person sell a home without a scam?

Without clearing up a scam where the victim has his information stolen , he or she may not be able to sell or buy a home. This also causes the person to become tied up in an investigation where he or she may be in a limbo type status until the culprit has been caught.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

Who can consult with constitutional lawyers?

People with advocacies can consult constitutional lawyers if they think their rights have been violated. For instance, non-profit organizations like the American Civil Liberties Union (ACLU) and the National Association for the Advancement of Colored People (NAACP) employ constitutional lawyers to protect minorities involved in a legal process.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What kind of lawyer handles reproductive rights?

But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.

What do IP lawyers need to know?

They need to have expert knowledge in both business and innovation trends. IP lawyers may also negotiate settlements on behalf of the creator or inventor if someone has infringed on their work, such as in cases where branded goods are faked and sold for a lower price in the market.

What is a trust dispute?

Trust dispute litigation is a civil lawsuit filed in probate court with the intention of resolving any disputes related to the trust in question.

What is a dispute in a will?

Disputes regarding the amount of money to be distributed to a specific person; Conflicts over specific items; and. Conflicts as to whether a person is actually a beneficiary. There are several legal arguments or grounds that allow a person to contest a will or trust. As always, these can vary from state to state.

What are the requirements for a trust?

Additionally, the requirements for forming a trust vary by state. However, the following requirements are typically necessary: 1 Settlor Capacity: In order to create a valid trust, the settlor must possess the proper mental capacity to create the trust. What this means is that they must intend to create a trust expressed with any necessary formalities of their state, such as the trust being made in writing; 2 Identifiable Property: Trust property is also known as “trust res,” and must be specifically identifiable. This means that there must be a sufficient enough description of the property to know what property is to be held in trust; 3 Identifiable Beneficiary: Generally speaking, the beneficiary or group of beneficiaries must be sufficiently identifiable. Meaning, they must be able to be determined at the time the trust is formed. However, in cases such as those involving charitable trust, this requirement is often not necessary; and 4 Proper Trust Purpose: The trust that is being formed must be proper. This means that the trust cannot be created for an illegal reason. An example of this would be how a person cannot create a spendthrift trust and hold the property in their own name for their benefit, simply to avoid creditors reaching their assets. Courts will usually hold that such trusts are invalid.

Why do trusts have fiduciary duties?

Once a trust has been established, the trustee has a fiduciary duty to act in the best interest of the trust and its recipients, the beneficiaries. This constitutes one of the most common reasons why trusts are created: to ensure the safekeeping ...

What is a trust contest?

Conflicts over what a trust says are referred to as trust contests. To contest a trust means to challenge the authority or validity of the trust, as well as its provisions. Some of the most common examples of will and trust contests include: Disputes concerning which family member is entitled to what specific property;

What does it mean when a trust is a beneficiary?

This means that there must be a sufficient enough description of the property to know what property is to be held in trust; Identifiable Beneficiary: Generally speaking, the beneficiary or group of beneficiaries must be sufficiently identifiable. Meaning, they must be able to be determined at the time the trust is formed.

What is constructive trust?

A constructive trust can counteract the trustee’s initial mismanagement of the trust. Additionally, if a court finds that a trustee used assets from the trust to their own personal benefit, the trustee may be held liable for and be ordered to fully reimburse the beneficiaries.

Why do you need a real estate agent?

One of the best reasons to hire a real estate agent is that the sellers are likely to use their own agent— and you want to keep that agent from taking over the process. In fact, the seller's agent might pressure you to let him or her represent both seller and buyer, in a " dual agency " relationship that primarily benefits the seller.

Is a real estate agent required to be a lawyer?

What the Law Says. Every state has its own set of real estate laws. For the most part, a real estate agent's help is not legally required, though agents can help you with tasks that border on legal ones, such as preparing a home purchase contract. In a few states, however, such as New York and Massachusetts, only a lawyer is allowed to prepare ...

Can a real estate agent answer a legal question?

However, legal issues might arise that your real estate agent can't answer. In that case, you'll need an attorney's help. Although good agents know a lot about the negotiating and contracting part of the process, they can't make judgments on legal questions. For example, what if your prospective new home has an illegal in-law unit ...

Do you need an attorney to buy real estate?

Except in states where it's mandated, an ordinary real estate transaction doesn't require an attorney's help. By now, real estate transactions are so standardized that most people in your state will use the exact same purchase contract, just filling in a few blanks.

Do not sell personal information?

Do Not Sell My Personal Information. It's no secret that real estate agents earn high commissions. Although the commission is usually paid by the seller, the cost may be indirectly passed on to you. And real estate lawyers charge exorbitant hourly rates.

Can a lawyer close a title search?

In a few states, however, such as New York and Massachusetts, only a lawyer is allowed to prepare the home purchase documents, perform a title search, and/or close the deal.

Do real estate agents get paid?

Real estate agents normally work on commission, not salary. They receive their slice only after your home search is over, the contract negotiated, and the transaction complete. (In many cases, they end up doing a lot of work for nothing, perhaps because the buyers lost interest or can't close the deal.)

What do lawyers call disgruntled heirs?

Lawyers often receive calls from the disgruntled heirs, seeking revenge and wanting their day in court. Lawyers often receive calls from the disgruntled heirs, seeking revenge and wanting their day in court . You are still mourning the loss of a loved one and you just learned that you were cut out of the will.

Why don't lawyers take contingency fees?

Most lawyers will not take a will contest on a contingency fee because there is a risk they will not get paid. If a lawyer does take a will contest on a contingency fee, be sure to check their experience level and reputation.

What happens in a deposition in a court case?

There may also be a counter lawsuit against you. Most likely, you will be deposed. In a deposition, the opposing lawyer will ask you questions about the case, which will then be turned into a written transcript.

How to file a lawsuit right away?

You may be advised to file the lawsuit right away and be the first one into the courthouse. Or, depending on the facts of the case, your lawyer may recommend sending a letter to the attorney representing the person you are suing with a request for information.

Can you contest a will after death?

In most instances, you have a limited time to contest the will and if you do not do so within that time frame you are barred from bringing an action. So it is important to consult with a lawyer soon after the death. Most cases settle.

Can you get your parents back after divorce?

You will not get your loved one back. You cannot repair your parents’ bitter divorce or heal your childhood wounds. You may heal a bit, but do not expect a court of law to address those deep seated emotional issues. If you can embrace that, you should be in a better position to negotiate the settlement.

What happens when a family disputes a treasured picture?

Disputes over a treasured but valueless picture can cause bad feelings within the family, and those bad feelings can persist for a long time. A wise parent who anticipates that siblings may quibble over the household, or other minor, items after they die can take certain steps to thwart any problems. For example:

How to avoid siblings disputes?

Key Takeaways. Sibling disputes over assets in a parent’s estate can be avoided by taking certain steps both before and after the parent dies. Strategies parents can implement include expressing their wishes in a will, setting up a trust, using a non-sibling as executor or trustee, and giving gifts during their lifetime.

What happens to siblings after a parent dies?

Sibling disputes often erupt after a parent dies, and it’s time to divide up the assets of an estate. Sibling disputes can result in lengthy and expensive legal actions. However, a little forethought from parents can avoid such disputes, or they can be addressed by siblings who employ savvy strategies after a parent dies.

Why put property in the joint name of a parent and child?

Putting property in the joint name of a parent and child so that the asset passes automatically to the child when the parent dies is another way to avoid conflict. This can be done, for example, for a bank account, brokerage account, or real estate.

How do siblings pick items?

Using this strategy, each sibling picks a desired item. For example, three sisters, Amy, Beth, and Carol, each have strong ideas about which items they want. To prevent any fights among the sisters, let Amy (the oldest) pick one item, then Beth (the middle child) can make a selection, followed by Carol (the youngest). Continue selections in this order until all of the desired items have been claimed.

What is a letter of instruction?

A letter of instruction can be written by the parent outlining who gets what. Again, the letter is not legally binding but serves as a roadmap to the parent’s wishes regarding their property. 3 

What did Harry Winston's children fight for?

The two children of world-famous jeweler Harry Winston fought for decades over Winston’s estate and cost the brothers millions in legal fees, dissipating much of the estate. 4 .

Who Can Be Involved in A Property Dispute?

  • Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: 1. Neighbors; 2. Landlords and Tenants; 3. Homeowner Associations (HOAs); 4. Trespassers; 5. Family Members; 6. Builders and Developers; 7. Government Agencies; and/or 8…
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What Are Some Common Types of Property Disputes?

  • As we said before, property disputes can range from the small to large, and can vary in their severity. Some common property disputes can include: 1. Boundary Disputes:Which can involve disagreements among neighbors regarding the location of a property line. 2. Landlord-Tenant Disputes:Which can sometimes involve a dispute over who is responsible for damage or repairs …
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What Is A “Cloud” on Title?

  • Generally speaking, a “cloud” on titlerefers to any irregularity or outstanding claim in the chain of title to the property. Usually this means that there is an unresolved claim, a lien, or some other encumbrance on the property that would prevent transfer of ownership from one party to another. Clouds on title are usually found during a title search on the property. For example, a legitimate …
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What Remedies Are Available For Property Disputes?

  • Remedies for property disputes often depend on the nature of the dispute and the state where the property is located. Potential remedies include injunctions, judicial sales, monetary damages, and quiet title actions. If you are seeking to stop your neighbor from doing something with their property (like burning trash or building a “spite fence”), you may seek an injunction from the cour…
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Do I Need An Attorney If I Have A Property Dispute?

  • It depends on the nature of the property dispute. Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney. However, there are so…
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Common Disputes Against Hoa's

  • The following are matters that can result in disputes against HOA's for not taking care of obligations regarding: 1. Changes to HOA rules and regulations 2. Open area spaces and blocking views 3. Landscape issues 4. Failure to maintain common areas 5. Breach of agreements with neighbors 6. Property encroachments of decks, fences, trees or room additions 7. Noise and dis…
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Common Disputes by Hoa's Against Homeowners

  • The following are common HOA disputes that occur between HOA's and homeowners: 1. Failing to pay HOA dues or assessments on time 2. Not maintaining your home in accordance with the 3. Parking in authorized areas 4. Violating use and zoning ordinances 5. Ban on certain types, sizes, and number of pets Being a member of a homeowners' association isn't for everybody. So befor…
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How Association's Work?

  • The association is a governing body that runs your planned community or condominium building. They association has a board of directors. Residents are elected to serve in positions such as President, Secretary and Chief Financial Offer or Treasurer. The association's bylaws and CC&R's set forth the rules and regulations. The association documents must comply with state and loca…
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Complaints About Associations

  • People who live in communities governed by associations frequently complain about the fact that the board of directors do not follow through on comments and complaints made by the homeowners that they represent. Other big complaints are mismanagement of HOA funds and lack of enforcement of common area rules and regulations. By hiring an HOA lawyer, you have t…
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Hire An Attorney

  • If you are involved in a dispute with your HOA, you should hire an HOA attorney to assist you. HOA matters can become heated and emotional, so it is best to have an experienced attorney handle the negotiations and resolve the dispute for you. The attorney is an expert in HOA and state laws, and can explain them to you and advise of your legal rights and remedies.
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Defining Boundaries and Property Lines

  • What are boundaries or property lines? Essentially, these are the lines on a county’s tax map that define and set apart different parcels of land. In condominium units, these sorts of “lines” are very simple, since you can easily spot the “beginning” and “end” of an apartment unit. But boundary lines can become more complicated in single-family residential, suburban, or rural settings. Whil…
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First Steps When A Dispute Emerges

  • When you realize that you and your neighbor have different understandings of where the boundary line is, you should be proactive. The first step is to schedule a real discussion, where each of you brings your various legal documents, largely from the home transfer and title insurance files—deeds, plat maps, and property surveys—to the table. Sharing this sort of objective informa…
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Will Title Insurance Cover The Dispute?

  • Unfortunately, the standard title insurance policy contains an exclusion specifically meant to make sure the company does NOT get dragged into boundary line disputes. (The language may refer, for example, to matters that "would be disclosed by an accurate survey and inspection of the premises.") Nonetheless, it's worth reviewing your policy and bringing the dispute to the attentio…
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How A Lawyer Can Help with Your Boundary Dispute

  • You won’t always be able to solve boundary issues on your own, or even with the assistance of a land surveyor or mediator.You might want to consult an attorney, especially if the dispute is over a significant piece of land. Keep in mind: A lawsuit against your neighbor is seldom a good idea. Even if you “win”, you are often stuck living next to your former adversary. This can create awkw…
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Property Improvements A Common Source of Boundary Disputes

  • Neighbors rarely begin random arguments over boundaries. More often, boundary issues arise when a property owner makes improvements or changes—erects a new fence or wall, for example. A dispute against a neighbor might soon become ripe for a lawsuit if the neighbor: 1. constructs an improvement that clearly crosses a property line 2. fails to obtain building permit…
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Anticipate Defenses Your Neighbor Might Raise

  • Be ready for your neighbor's defenses, and review the strength of your possible responses before you decide to file a lawsuit. A neighbor's most likely defenses with regard to a boundary dispute might include: 1. You have the facts wrong, or have incorrectly read the deed to your property. 2. Your neighbor owns the disputed property through adverse possession, a doctrine that allows s…
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Questions For Your Attorney

  1. Is this the sort of dispute my title insurance policy might cover?
  2. If this isn't a clear case of where the boundary lines lie, but has more to do with usage (such as an adverse possession claim), who would likely win the dispute in court?
  3. How should I deal with my neighbor's encroaching activities in the short-term, while we wait for the dispute to be resolved?
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