At Shapero Law Firm, we know that buying or selling real estate is a significant financial transaction, but real estate title issues can complicate the process. A property’s title establishes ownership rights, and any defects in it can lead to delays, legal disputes, or even financial loss. Understanding common real estate title issues and how to resolve them can help ensure the transaction proceeds without a hitch. Here’s how.
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A title of property is a legal instrument that constitutes the ownership right to real estate. It reflects who the legal owner of the property is while also including aspects like property boundaries, rights to use, and recorded liens and claims against the property. According to Saclaw, “deeds are the documents used to sell, add or remove names on real estate, and must be filed with the County Recorder where the property is located.”
Title defects are legal issues that can delay or block property transfers. They stem from errors, fraud, or unpaid debts. Left unresolved, they may cause costly disputes, sometimes surfacing only after ownership changes, requiring legal action.
A lien is a legal claim on a property for unpaid debts, such as taxes or mortgages. Before buying, a title search helps ensure no outstanding liens exist. According to Investopedia, pre-foreclosure is the first step in repossession when a borrower defaults. Resolving liens before closing ensures a smooth transaction.
Any previous deed executed by a minor, an unsound mind, or through duress can be considered illegal and thereby affect title rights. Further, forged signatures and fraudulent conveyances occur far more often than most people imagine, so the chain of title is necessary to verify the history of a property in a transaction.
Some title complications arise from errors in the public record, such as misspelled names, omitted signatures, and incorrect legal descriptions. Even minor clerical errors in the title instrument can cause delays or even disputes that must be resolved in court. These may involve legal documentation or court orders that could lengthen the closing process.
Property disputes often result from conflicting surveys, outdated maps, or neighbor disagreements over land use. In some instances, a neighbor may be granted an easement by necessity to traverse another’s property to reach their property for necessary access. Courts also consider whether either party has ‘unclean hands’-for example, deceiving a neighbor about the property line, which can affect dispute outcomes. According to Forbes, knowing the exact property lines can avert conflicts on who should remove the trees, among other issues. A survey before buying may also impede legal disputes over boundaries or unidentified encroachments.
Where the previous owner died without a clear will or an heir to inherit, sometimes unknown heirs emerge with claims over the property. Such instances can develop into ownership disputes that might be resolved by litigation. It is essential to ensure a clean title, checking on probate records and taking due care in transferring the estate.
A title search is an important thing before closing on a real estate deal. It checks on public records, past deeds, and tax history for problems. All these can be assisted by the collaboration of a real estate attorney and some trustworthy title company to find out about and fix early. Buyers should even consider title insurance for more security.
Title companies are supposed to validate property ownership and clear defects for the sale. They conduct a title search, insure it, and clear any minor issues. According to the Title Fast Facts Booklet, this protects purchasers and lenders against claims that they did not expect.
In complex title issues, legal assistance is crucial. The attorneys are able to file quiet title actions, establish settlements of disputes, or ask the courts to clarify ownership. They may also record a lis pendens to indicate that legal action is pending. In cases of fraud, they can deem fraudulent deeds void and reinstate valid ownership.
Real estate title issues can be complicated. An attorney can make sure that a transaction is in conformance with California law, that any disputes are resolved, and title defects are cleared. At Shapero Law Firm, we assist San Francisco clients with removing liens, boundary issues, and fraud, among other things, with experienced legal counsel.
Whether it is a matter of real estate title issues, the Shapero Law Firm can help. Reach out today to get professional legal counsel that will protect your rights to your property.
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With over a decade of litigation experience, Attorney Sarah Shapero, founder of Shapero Law Firm, has secured seven-figure jury trial wins and saved countless homes from foreclosure. A Super Lawyer and Lawyer of Distinction, she brings expertise in foreclosure, employment, and bankruptcy law, practicing in California and federal courts.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Sarah Shapero who has more than 10 years of legal experience as a real estate attorney.
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