Title Issues
Santa Barbara & Ventura, CA Title Issues Attorney
Having title to real property should give the owner clarity as to what exactly they own. Unfortunately, problems with the title could undermine this assurance and raise legal doubts. They can even allow other parties to challenge ownership of the land and attempt to stake their own claim to the property.
If you hold title to real estate but have concerns about legal ambiguities, errors, or defects, or someone has informed you that they claim ownership of the land subject to that title, it’s time to speak with a seasoned attorney. The right legal counsel will make a difference in the outcome of your title dispute. Connect today with the Law Offices of Brian L. Fox, APLC.
Common Title Problems in Santa Barbara and Ventura
Everyone who owns real estate deserves the confidence of knowing what they have so they can use and enjoy it. But there are myriad issues which may cloud title and open the door to someone contesting the owner’s rights.
A title defect is anything that would prevent the purported owner of the property from conveying clean title, and also keep the buyer from enjoying the rights to ownership that they assume attach to the land. In essence, a defect can threaten the right of someone to fully use, sell, or purchase the property. It can also allow another party to assert some right or privilege to the real estate.
Some of the most common examples of title defects and problems are:
- Property liens: When someone does not pay debts associated with their property, the creditor can place a lien on the property. For instance, unpaid taxes or an unpaid mortgage may result in a lien.
- Boundary disputes: Outdated or incorrect maps, disagreements between neighbors, and conflicting property surveys often lead to boundary disputes. If adjoining owners cannot agree on their property lines, then neither may be sure as to what exactly they own.
- Deed problems: If someone executed a deed but they lacked the sufficient capacity to do so, this creates a legal issue. So, too, can forged deed signatures and other types of fraudulent conveyances.
- Clerical errors: Misspellings, omissions, and inaccurate legal descriptions plague many titles and lead to confusion among owners. Although seemingly simple, these problems often land the parties in court.
- Unknown and missing heirs: In some cases, the previous owner of the land passed away without leaving a will or an heir who could have inherited the land. Then, unknown and missing heirs may emerge to contest ownership of the property.
- Unknown easements: An easement gives someone the right to enter real property without possessing it, for instance as a right of way. When these easements are not recorded or disclosed to a purchaser, and the party who enjoys the easement asserts their rights, this can cause legal issues.
How To Resolve Title Problems
If you hold title to property in Santa Barbara or Ventura, CA and there is a question as to your ownership rights, an attorney can assist you. Although title issues can seem intractable, there are a few common avenues for working them out so you can enjoy your property:
Informal negotiations
Once you learn of a title defect that affects either your use of the land or a transaction concerning it, you should attempt to negotiate a resolution informally with the other party (e.g. the adjoining property owner or a buyer). The parties may resolve such issues through, for instance, a survey of the property or one landowner compensating the other. Then, an attorney can draft an appropriate legal instrument and record it to settle the dispute.
Formal negotiations
More formal negotiations may require a procedure known as mediation. This out-of-court method involves a neutral third party, known as a mediator, who helps the parties negotiate and reach a compromise. Mediators are often experienced with real estate legal matters, although the parties to the mediation can and should have legal counsel present to advise them. The mediator does not make a decision but may develop a mutually agreeable resolution to the dispute.
Legal action
If negotiations between you and the other party are not successful, you have several litigation options. They include:
- Quiet title action: In a quiet title lawsuit, the parties ask a judge to make a determination as to who holds title to the property. The parties will present evidence and legal arguments, then the judge will decide who is the rightful owner.
- Adverse possession claim: Those who have openly and continuously lived on property for an extended time can claim ownership through adverse possession. We can also help you contest one of these claims that is brought against you.
- Partition action: When co-owners disagree on who should own the property, they can partition it. A partition action may result in selling the property and dividing the proceeds between you and the other co-owners.
Contact Our Santa Barbara & Ventura, CA Title Issues Attorney
Title disputes can interfere with one’s ownership interests, and leave all parties uncertain about what rights they have. But having experienced legal counsel can resolve the matter and allow you to move forward and enjoy your property. To learn more about how the Law Offices of Brian L. Fox APLC can serve you, connect with us online or give us a call.
