Although record keeping has improved significantly with the advent of technology, there are still many instances that a real estate transaction can be delayed or derailed due to a title dispute. Especially in the older parts of Mansfield where title and boundary lines were recorded a long time ago, title disputes take place on a regular basis.
Although title insurance can protect the title to a property and reduce an owner’s risk, an owner can still be at risk for a variety of ownership rights. These can include:
- Boundaries and easements
- Adverse possession
- Restrictive covenants
- Title reformation actions
- Mechanic’s liens
- Quiet title
- Zoning disputes
Mistakes also can happen, such as when clerical or filing errors take place. These can definitely affect your deed or survey as well. Another less common problem, but one that still occurs, is forgery or false impersonation of a previous owner which can create chaos when it is discovered.
Also, when a person dies and ownership falls to their heirs, sometimes one or more of those heirs may not be able to be located. When this happens, the title may fall into dispute as the remaining family members may contest the will for their own property rights. These types of disputes can happen long after another person has purchased the property and could affect the current owner’s rights to the property.
The Best Way to Resolve Title Disputes
Because real estate law is complex, you will need to retain an experienced real estate law attorney to represent you. The best way to resolve a title dispute is to attempt to negotiate a solution to avoid a costly court battle that will also take a lot longer to settle. However, if your attorney can reach an amicable settlement, you and they should be prepared to go to court to litigate through your issue.
The Hixson Law Firm serves clients in Mansfield, Arlington, Grand Prairie and other nearby Texas communities.