Title records provide a history of ownership. They are a way for the government to help guarantee an individual’s property rights. Documents filed with the county recorder’s office can protect the rights of an individual, married couple, trust or business.
Outside parties with an interest in the property can sometimes record information with the county as well. Easements and liens show up on title records as a way of making them enforceable. Generally speaking, title records should reflect the current ownership and status of the property in question.
Unfortunately, title issues are somewhat common. Fraud, divorce, probate complications and a host of other issues can result in the county having inaccurate information about a property. Sometimes, litigation is necessary to resolve title issues.
To prove or fight a title claim
The most significant title issues often involve one party claiming to have an interest in a property currently owned or occupied by someone else. The party that believes they have an interest may ask the courts to review the situation so that they can take possession of the property. Issues related to divorce or probate proceedings could require civil litigation to resolve. Sometimes, people who fell victim to fraud may believe they have a right to a property because of an outside party’s fraudulent misrepresentation of the circumstances. It may take litigation to resolve the dispute about who owns the property.
To correct inaccurate records
Conflict isn’t necessary for a title issue to require court intervention. In some cases, people take legal action because they discover outdated or inaccurate information on their title history. Perhaps there is a lien that still shows up on the title of the property despite the owner paying what they owe in full. Maybe a deceased individual still shows up as one of the owners. Quiet title proceedings involve a judge reviewing financial records and other important information provided by a plaintiff to determine if title records are inaccurate. They can then order the correction of county records to accurately reflect current circumstances.
Those dealing with a title dispute or concerned about potential inaccuracies in title records may need help evaluating their options, and that’s okay. Going to civil court is often an effective means of addressing title issues.