What are Common Land Title Disputes and Lawsuits?

When you want to completely possess a real estate, you need to be able to present a title to prove your legal ownership of the property. The title refers to the bundles of rights that a certain individual holds either a legal interest or equitable interest. This bundle can be different and be separated rights held by different sides that sometimes lead to complications and litigation disputes. If you are a victim of this, it is important that you hire a professional real estate dispute lawyer/attorney for you to know the basic things to do.

Many of us think that a deed and a title to a property are the same things. However, in their legal sense, it is not true. A deed to a property is a concrete document that purports the transfer of ownership, but having one in your hands does not mean that the transfer is complete. You will also need to have a clear title from the owner.

Land disputes are common in some parts of America and it emerges in different forms. One of the most common disputes arise when there is a confusion of who has the legal title of the property as well as fraudulent transfers, and failure to properly record a land transfer. Other disputes include:

Land use and zoning disputes – question who has access to the property and for what purpose. For instance, a certain land may grant usage for multi-family homes or agricultural development. Disputes between two parties need to be resolved

Boundary dispute – when two adjacent properties disagree on where their property begins and ends. This might be resolved by looking at the title and/or having professional surveying results.

Defective title – there are titles that have defects especially those that come to single-family housing like utility, easements, mortgage, etc.

Adverse possession claims – this is experienced when a person who does not have the legal title is physically occupying a certain piece of land. The owner can grant that person with years for eviction preparations. However, when the person fails to do so, the possessor have the full legal authority to evict the person by force.

Estate and probate disputes – this conflict arises when the owner of the property has died and the heirs are having a conflict to ownership. This is sometime resolved by selling the house and dividing the money.

A person is given a considerable time to file their lawsuit as a quiet title action in the proper county court. The court will look at the title history including the past deeds, recorded encumbrances, current documents, and other important details.

We recommend you to hire a professional real estate lawyer as they are highly knowledgeable about real estate laws and what you can do to win the case. They can provide you advice on what is the best move to do and give you several options

Final Thoughts

It is not easy to lose a property especially when you think you are entitled to it because you have paid for it If you have been victimized, act out as immediately as possible.

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