A land title grants a person legal ownership and property rights over the specific plot of land or real estate property. “Title” refers to the person’s actual legal interests and rights to a land. A deed, on the other hand, is the actual physical document that indicates whether or not a person has title to the land.
For instance, common situation is where a person has the deed to a home, but the bank who lent them a property loan retains title to the property. This means that the person has a right to occupy the home, but ownership actually legally belongs to the bank.
What Are Some Common Land Title Lawsuits?
Land titles are often the subject of many types of legal conflicts and lawsuits. For instance, one of the most common disputes is where there is uncertainty as to who the actual title holder to the property is. This can happen for instance if a person left property in charge with another person and did not return to claim their land after a long period of time. It can happen also in other situations, such as when there is a failure to properly record real estate documents after a sale or transfer of property.
Other common land title lawsuits include:
- Disputes over the boundaries of a land
- Inheritance disputes (for instance, on relative claiming title to a land over another relative based on will documents)
- Various types of zoning and land use conflicts
- Adverse possession conflicts
- Issues with a defective title or title defects in the sale of a home, which can delay or prevent the transaction
How Are Land Title Lawsuits Resolved?
Land title disputes often require a quiet title proceeding in order to resolve the situation. This is a type of legal proceeding wherein the courts examine various documents and records to determine who the actual owner is. They may also seek to resolve issues like any hindrances or encumbrances on the title. After the proceeding, the court may approve a sale to move forward towards closing.
In some cases, a land title dispute may result in damages awards (for instance, if one party experienced economic losses due to an adverse claim on the property). Depending on the situation, another remedy may be where the court orders one party to transfer the legal deed to its rightful owner.
Should I Hire a Lawyer for Help with a Land Title Lawsuit?
Land title lawsuits can sometimes be complex. They may involve a thorough examination of many different documents and claims related to a property. However, some disputes can be crucial as they can determine whether or not a person is the owner of a property or property interest. It may be in your best interests to hire a real estate attorney in your area if you need assistance with any type of legal issue. Your attorney can help represent you in court and can provide you with legal advice to ensure that your rights are protected during the process.