5 Common Title Disputes and How to Avoid Them

Posted on March 2nd, 2023.

As a homeowner, one of the most important legal documents you'll encounter is your property's title. A title is a legal document that establishes ownership of a property. Title disputes can arise when there are issues with the title, such as errors or omissions. In this blog post, we'll discuss the five most common title disputes and how to avoid them.

1. Errors in Public Records

One of the most common title disputes is errors in public records. These errors can include incorrect spellings, wrong addresses, and even incorrect legal descriptions of the property. Such errors can cause problems when attempting to sell or refinance your property. To avoid this issue, it's important to ensure that all public records are correct and up-to-date. You can do this by reviewing your property's public records and correcting any errors with the appropriate government agency.

2. Boundary Disputes

Boundary disputes arise when there is a disagreement about where one property ends and another begins. These disputes can be caused by factors such as unclear property lines or encroachments by neighboring properties. To avoid boundary disputes, it's important to have a professional survey done to accurately establish your property's boundaries. Additionally, it's recommended to establish good relationships with your neighbors and communicate openly about any potential boundary issues.

3. Undisclosed Liens

Undisclosed liens are another common title dispute. These liens can be placed on a property for various reasons, such as unpaid taxes or unpaid contractors. When purchasing a property, it's important to conduct a title search to identify any liens or other issues that could impact the title. Working with an experienced real estate attorney can help ensure a thorough title search and help resolve any issues that arise.

4. Fraudulent Activity

Fraudulent activity can also lead to title disputes. This can include situations such as forged signatures, false documentation, or impersonation. To avoid this issue, it's important to work with a reputable title company and attorney when purchasing or selling a property. They can help identify any suspicious activity and ensure that all legal requirements are met.

5. Easement Disputes

Easement disputes occur when a property owner is granted the right to use a portion of another property for a specific purpose, such as a driveway or walkway. These disputes can arise when there are disagreements about the terms of the easement, such as the location or duration of the use. To avoid easement disputes, it's important to have a clear and detailed easement agreement in place that outlines all terms and conditions of the use.

Conclusion

Title disputes can be complex and costly, but they can be avoided with the proper planning and legal representation. At Hunzeker Law Group, we specialize in real estate law, including title disputes. If you're facing a title dispute or want to ensure that your property's title is secure, don't hesitate to contact us at (703) 772-2515 or [email protected]. Our experienced attorneys can help you navigate the legal system and protect your property rights.

Get in Touch

Send a Message

Hunzeker Law Group is dedicated to answering your questions about Virginia real estate, title disputes, tax appeals, and defending against foreclosure. We offer a free consultation, and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.