The title records for real property validate ownership. The people who have inherited or purchased the property have their names on the title records for the property. County title records also record easements held by outside parties, such as utility companies. Title records can also include liens, such as mortgages, to help secure the debt.
Occasionally, those who own real property may face a title claim brought by someone else. Title claims can result in litigation. Property owners may need to go to court to protect their interest in their homes or other real estate holdings.
Title disputes can be costly
Title disputes may occur due to fraud. A person tried to purchase real property, but the party offering the property for sale is not who they claim to be or has no ownership interest in the property. The buyer who lost their investment capital may then try to pursue a claim against the property they thought they purchased.
Title claims can also arise due to errors during estate administration or the failure to follow a property division decree at the end of a divorce. A buyer’s title insurance policy may help cover the cost of legal representation, as well as the loss of equity and ownership that could result from an outside claim.
Property owners generally need support when responding to a claim from an outside party that asserts an ownership interest in their real estate holdings. Civil litigation is often the only way to resolve a title dispute.
When contentious legal questions inspire litigation, a judge evaluates the situation to determine whose claim is legitimate. Due to the complex nature of these concerns, those facing potentially costly title disputes may need help protecting their interest in real property. Partnering with an attorney is, therefore, generally very wise for those facing civil litigation related to property ownership.