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Three types of title disputes property owners may face

On Behalf of | Dec 5, 2023 | REAL ESTATE LAW - Real Estate Law

Owning property can be rewarding, but it also brings its own set of challenges. A key to lessening these challenges is understanding the various types of title disputes that could surface. These disputes can hinder the smooth management of your property and even potentially jeopardize your ownership rights.

So, proactively understanding these disputes is more than just a learning exercise. It’s a necessity for every property owner.

Understanding property title disputes

Title disputes are legal conflicts when two or more parties claim ownership over a piece of real estate. These disputes can be costly and time-consuming. Not to mention, they can also shift the rights and obligations of the property owners. This could cause significant implications for property management and ownership.

The common types of title disputes include:

  1. Partition actions: These are lawsuits filed by co-owners in disagreement over property division or use. They can result in a physical property division or a sale and distribution of the proceeds. This dispute type can be complex and lengthy. It could also affect property value and marketability.
  2. Adverse possession: Commonly referred to as “squatters’ rights” laws, this legal doctrine allows a person to acquire property ownership by occupying it without the valid owner’s permission for a specified period. It can be a defense or cause of action in a title dispute and can result in an ownership change.
  3. Quiet title actions: These lawsuits are filed when ownership or property status is disputed due to conflicting deeds, liens, easements or other encumbrances. They can establish the true owner of the property and eliminate adverse claims. However, they can be expensive and risky.

Conflicts over property titles can feel distant until they suddenly demand your immediate attention. Understanding the “what” and “how” of these situations can help prepare you for such circumstances as a property owner.

Tackling these disputes effectively

Don’t let the potential for title disputes cast a shadow over your property ownership. With knowledge comes power and the ability to navigate these issues with confidence. Remember, understanding is just the first step. By gaining and applying this knowledge, you can become more aware of potential issues and their impact on your property. If problems do arise, you should consider consulting with a real estate attorney. They can guide you through your options in any legal proceedings, helping you avoid more complications.