defective property title

 

 

 

A defective property title refers to a situation where there is an issue or flaw with the legal documentation or ownership record of a property. This can complicate the transfer or sale of the property, as it may create uncertainty about who the rightful owner is or whether there are other claims against the property. Defective titles can arise from various reasons, including:

1. Clerical Errors: Mistakes in public records, such as misspelled names, incorrect property descriptions, or improper filing.
2. Unreleased Liens: Outstanding liens (e.g., unpaid taxes, mortgages, or contractor's liens) that were not properly removed from the title.
3. Fraud or Forgery: Cases where documents in the chain of title were forged or fraudulently altered.
4. Unrecorded Easements: Easements or encroachments that allow others to use part of the property without it being properly recorded in the title.
5. Boundary Disputes: Issues related to uncertain property lines or overlapping surveys.
6. Missing Heirs or Undisclosed Owners: If someone who has an ownership interest in the property (like a deceased person’s heir) was not properly accounted for during a prior sale or transfer.
7. Errors in Legal Descriptions: The property boundaries or other specifics are not correctly described in the title documents.

To resolve a defective property title, a title search is usually conducted, and in some cases, title insurance can protect against financial losses due to title defects. Legal action may also be required to clear the title, such as filing a quiet title action to establish rightful ownership.