Property title issues can create major problems during a sale, transfer or refinance. In California, several types of disputes can affect who truly owns a property or what rights come with it.
Recognizing the most common title disputes can help buyers and owners identify potential issues early. Here are some key points to consider.
Boundary and survey disagreements
One of the most common title issues involves boundary lines. Property owners may disagree about where one boundary ends and the other begins. This often results from conflicting surveys, outdated records or physical structures like fences or sheds being placed over the boundary line. Even a few inches of overlap can lead to a dispute.
Undisclosed or unresolved liens
A title may have liens attached that were not disclosed. These can include unpaid property taxes, contractor’s liens or judgments from creditors. If a lien is not resolved, it can follow the property and delay or block a transfer. Title searches usually uncover these issues, but older or improperly recorded liens may still cause problems.
Claims from heirs or prior owners
Sometimes, an heir or former owner may claim they still have a legal interest in a property. This can happen if a previous sale was improperly recorded or if the property passed through probate without all parties being notified. These disputes can create serious complications.
Disputes involving easements
Easements give someone the right to use part of a property for a specific purpose, like accessing a shared driveway. Disputes can arise when the location or use of the easement is unclear. If not recorded correctly, the easement may also become a point of contention between owners.
If you are involved in a title dispute, seeking legal guidance can help you to effectively resolve it.