Title Disputes Attorney in Laguna Hills, California
Title disputes can arise when a disagreement exists over the particular owner of a piece of land, property, or area of land where a property is situated. Such title disputes – including outstanding liens, easement issues, deed errors, and public record errors – can prevent or delay a commercial or residential real estate sale. Likewise, a title dispute may invalidate the right of a buyer to own the land or property.
If you are involved in a real estate title dispute, or if a title dispute is delaying a real estate transaction, consulting with an experienced California real estate attorney is crucial for detailed guidance. I'm dedicated to offering knowledgeable legal guidance and reliable advocacy to clients in real estate legal matters. I'm available to discuss your unique circumstances and explore our possible legal options to resolve the title issue efficiently and proceed with the real estate sale.
My firm – J. Eric LeVine, ESQ. – is proud to serve clients in Laguna Hills, California, and throughout Orange, Los Angeles, Riverside, San Bernardino, and San Diego counties.
Reasons a Title Ends Up in Dispute
Due to a number of reasons, a person's legal rights as a real estate title holder may be affected. Here are some common reasons for title disputes:
Public Record Errors
Errors in public records may result in title disputes. Such errors include spelling mistakes in names or addresses, inaccurate square footage, improper documentation, unreleased mortgages, and errors in recording property information.
An easement gives a person or entity the legal right to use someone else's land for a specific purpose. Easement disputes can involve questions regarding the existence, scope, usage, or interference with the easement and may prevent the property owner from using the land where the easement is located in particular ways.
Property owners and their neighbors may disagree over the boundaries where your property begins and ends. Such issues usually arise when two neighboring property owners disagree about where their property line is located.
Unknown Liens and encumbrances
If a lien and encumbrances against the property or its owner have been recorded with the county recorder where the property is located, it attaches to and will remain with that property until it is settled, regardless of a transfer of the title to a new owner.
After several years, an unknown owner with a will granting them the property ownership may appear following the death of the previous property owner. This may result in a title dispute.
A deed that is signed by a minor or an incapacitated person may be invalid and unenforceable. This will affect the buyer's claimed ownership of the property.
Title insurance is normally purchased when real property is sold and for good reason. Such insurance will provide coverage for many of these kinds of problems depending on the nature and scope of the insurance.
Regardless of the reason or cause of the title dispute, a real estate sale cannot be completed until it has been resolved. A knowledgeable attorney can evaluate your unique circumstances and determine the best way to resolve such title disputes.
Resolving title issues
Once an owner becomes aware that a title issue or dispute exists, the first best step is to attempt to informally resolve the problem. If there is cooperation or agreement between the two sides and depending upon the nature of that problem, it can frequently be resolved by recording an appropriate instrument clarifying and resolving that issue. If such an agreement cannot be reached, it will likely require filing legal action to quiet title, enjoin certain activities and/or conditions and seek financial compensation for damages.
An experienced attorney can help file a quiet title action in court and represent you diligently throughout the legal proceedings.
How a Title Disputes Attorney Can Help
Resolving title disputes is often time-consuming and may involve several complexities. Due to the extensive procedures, lengthy delays, and headaches associated with settling such title disputes and determining the rightful owner, closing a property sale may take longer than anticipated. An experienced real estate attorney can evaluate your unique situation and determine the best way to resolve such title issues productively.
At J. Eric LeVine, ESQ., I have devoted my career to providing outstanding legal services and knowledgeable guidance to clients involved in title disputes and real estate transactions. As your legal counsel, I will review all documents associated with the property, determine and resolve potential issues, and help facilitate the real estate sale. Using my extensive legal understanding, I will work diligently to clear up the title issues and help settle such title disputes in the most efficient and cost-effective manner possible.
The information provided in this website is general in nature and is not intended to be relied upon as legal advice applicable to your specific situation. The ultimate outcome of any legal issue is dependent upon the specific facts surrounding that issue.
Title Disputes Attorney
Serving Laguna Hills, California
Addressing title disputes before closing a property sale can be complicated. Contact my firm – J. Eric LeVine, ESQ. – today to schedule a simple case assessment. I can offer you the detailed legal counsel and strong advocacy you need to navigate crucial decisions. My firm proudly serves clients in Laguna Hills, California, and throughout Orange, Los Angeles, Riverside, San Bernardino, and San Diego counties.