Buying or selling property should be an exciting milestone. Whether you're purchasing your first home or closing a major commercial deal, it's a big step that requires careful planning. But sometimes, unexpected problems arise that can slow things down or even derail a transaction entirely. One of the most common and frustrating issues that can surface during a real estate transaction is a title dispute.

Title disputes involve disagreements or legal questions about who truly owns a property or what rights others may have to it. These conflicts can arise out of the blue, often discovered during the title search process or even after a sale has already taken place. Resolving them can be complex, time-consuming, and emotionally draining—especially if you're unfamiliar with the legal process.

That's where a real estate lawyer becomes an essential ally. They not only help you understand what's happening but also guide you through each step to protect your rights and interests. In this blog post, we’ll explore the most common causes of title disputes, how they can affect a real estate transaction, and how a real estate lawyer can help you resolve them efficiently and with as little stress as possible.

What is a Title Dispute?

A title dispute occurs when there’s a conflict over the legal ownership of a property or issues concerning claims against the property’s title. These disputes can take many forms. One common scenario is when a previous owner failed to resolve a lien or mortgage, and it now shows up on the title. Another example is when two parties claim ownership due to an error in public records or a contested will.

Boundary issues also fall under this category. Sometimes neighboring property owners disagree about where the property line lies, especially when fences or structures encroach beyond recorded boundaries. Then there are situations involving fraud or forgery—such as when a deed is altered, forged, or signed under false pretenses.

Regardless of the specific issue, title disputes can be extremely disruptive. They often delay closings, reduce a property’s market value, or worse, result in legal action that takes months—or even years—to resolve. The earlier the dispute is identified and addressed, the better chance you have of finding a fair and timely resolution.

How Title Disputes Affect Real Estate Transactions

A real estate transaction hinges on the ability to transfer a clear, marketable title from seller to buyer. When a dispute arises, that clean title is called into question. This can lead to several challenges for all parties involved.

Buyers may become hesitant to proceed, especially if they are financing the purchase through a mortgage lender. Most banks require a clean title as a condition of the loan, and any encumbrance—be it a lien, easement, or legal challenge—can jeopardize the deal. Sellers may find their property unsellable until the issue is resolved, which could take considerable time and resources. In some cases, disputes result in canceled deals, lost deposits, or lawsuits over breach of contract.

The Role of a Real Estate Lawyer in Title Disputes

When a title dispute arises, a real estate lawyer is one of your most important resources. They have the knowledge and experience to review deeds, contracts, liens, and legal descriptions of the property in question. From there, they can identify the root of the problem and recommend the best course of action to resolve it.

In some situations, this means negotiating with the other party to come to a mutual agreement. In others, it may involve filing a lawsuit to quiet title, a legal action that asks the court to determine the rightful owner of the property. A real estate lawyer can also communicate with lenders, title companies, and opposing counsel to keep the process moving and prevent small issues from turning into major legal headaches.

Another key benefit of working with a lawyer is their ability to conduct a deeper title investigation. While title companies perform basic searches, a real estate lawyer can look further into historical records, boundary surveys, probate documents, or even zoning ordinances to uncover the details necessary to support your case.

According to lawfirm.com, there are over 7,165 real estate lawyers currently working in the U.S., reflecting how common and complex these issues have become. With so many legal professionals dedicated to this area, it's clear that having proper legal support is more than just a good idea—it’s often essential.

Common Causes of Title Disputes

Understanding what causes title disputes can help you avoid them—or at least prepare for them. As mentioned earlier, boundary disputes are among the most frequent issues. These typically involve disagreements between neighbors over property lines, especially when outdated or unclear surveys exist.

Another common issue is the existence of undisclosed liens. These are financial claims placed on a property by a creditor—often due to unpaid taxes, contractor bills, or court judgments. If not satisfied, these liens can remain attached to the property and become the new owner’s responsibility.

Problems with ownership history also cause disputes. For instance, if someone inherits a property but other heirs contest the will or claim a portion of the estate, that property can be tied up in legal battles. Similarly, if a previous owner transferred title under suspicious circumstances, it may not have been a valid transaction.

Easements can also create conflict. An easement is a legal right for someone else to use part of the property for a specific purpose—like accessing a road or maintaining utility lines. If easements were not disclosed or are misinterpreted, they can become the source of major disputes between property owners.

How to Prevent Title Disputes in the First Place

While not all title disputes are avoidable, many can be prevented with proper due diligence. One of the most effective ways to do this is by having a thorough title search conducted before you finalize any real estate transaction. Title searches reveal any existing claims, liens, or ownership issues that could affect your purchase.

In addition to the title search, investing in title insurance is a wise move. This protects both buyers and lenders from future title-related claims and can provide financial coverage if a dispute does arise.

However, perhaps the most important preventative measure is involving a real estate lawyer early in the process. They can review the title report, identify any red flags, and advise you on how to proceed before you sign on the dotted line. Their guidance ensures that the legal foundation of your real estate transaction is solid, reducing the risk of costly disputes down the line.

For sellers, it’s equally important to ensure that all paperwork is in order, especially if the property has changed hands multiple times or been part of an estate. Clearing up old liens, correcting legal descriptions, and resolving inheritance questions before listing the property can save a lot of time and trouble later on.

Title disputes are one of the most complex and frustrating issues that can arise in a real estate transaction. Whether they involve ownership conflicts, liens, boundary issues, or easements, these problems can delay closings, lead to lawsuits, or even derail a sale completely. Fortunately, you don’t have to navigate these challenges alone.

A skilled real estate lawyer can be the difference between a stalled deal and a successful closing. From identifying the issue to negotiating resolutions or representing you in court, their expertise ensures your interests are protected every step of the way.

If you're facing a title dispute or want to ensure your real estate transaction proceeds smoothly, reach out to Schmidt & Schmidt SC for trusted, expert guidance. Call today to schedule a consultation and let our experienced team protect your property rights.