Common Legal Problems in Real Estate

real estate lawyer near me

Common Legal Problems in Real Estate

Are you one of the people who’s searching “real estate attorney near me“. Did you know that every situation is unique and presents different legal challenges that must be addressed?


Having an experienced real estate lawyer near you who is familiar with the local market, real estate laws, and money and help you with legal advice. From finding the right land title to navigating real estate contracts. And other legal paperwork, a real estate law firm can provide expert guidance throughout all stages of a real estate transaction. By partnering with a knowledgeable real estate attorney, you’re far more likely to have a successful real estate transaction.


Title Issues


Errors in Public Records

These can take many forms and can often cause serious legal problems for those involved in Real Estate. In some cases, an individual’s property could be incorrectly listed as abandoned. Leading to unsolicited claims of ownership by a third party. Therefore, it is important for both buyers and sellers to thoroughly investigate any public records.

Undiscovered Liens

There may be undisclosed liens against the property that prevents it from being sold. Real estate attorneys can help you investigate and remove them.

Illegal Deeds

When a deed is not recorded with the appropriate court, it may be difficult to prove ownership of the property. Real estate lawyers can assist you in locating, filing, and recording all applicable documents.

Unknown Liens

These are legal problems in Real Estate that can arise. When a person or organization has an interest in a property, it is not recorded properly with the local government. This could include mortgages, judgments, tax liens from unpaid taxes, homeowner’s association fees, or other types of liens on the title.

Missing Heirs

Missing Heir is a prominent legal challenge facing real estate agents today. When individuals die intestate, which means without a will in place. Ownership of the deceased’s property and assets can become unclear. Without clear legal documentation about ownership of the asset or who has the right to claim it.


These are fraudulent documents that may be presented as original or genuine documents and other documents. These forged documents can be used to grant ownership of a property to someone who is not legally entitled to it. Making it difficult, if not impossible, for the true owner to claim ownership rights. To protect oneself from becoming part of an illegal real estate transaction. One must take steps to verify the legality and authenticity of any related documents presented during the deal.

Undiscovered Encumbrances

This can be a major issue. The best way to spot an undiscovered encumbrance is through due diligence. Which includes researching past owners, checking public records, and possibly even hiring an attorney.

Unknown Easements

Unknown easements can cause an unexpected financial burden on a seller. If they need to remove the object that is taking up space on their land. Or require them to pay for difficult remediation activities to rectify an issue that has been ongoing for some time.

Survey or Boundary Issues

A survey is an important step in the process of buying or selling real estate. It helps to define the boundaries of a property and ensure that all parties involved are aware of any potential issues or conflicts.

Undiscovered Will

When someone dies without leaving a will, it can cause multiple issues when it comes to settling the estate. Without a will, there is no clear-cut way of determining who should inherit the property.

False Impersonation of Previous Owner

This is a previous owner is an illegal act in which someone claims to be the lawful owner of a property. This could involve forging documents and making false statements about ownership rights.

Problems With Access

Access to a property is an important factor when it comes to a sale or purchase. If access is not adequately provided, it could render the property unusable or make it difficult for potential buyers to view the land. This can be due to fences, gates, roads and highways, utility lines, or other physical obstructions.


Problems With Enforcement
real estate lawyer near me


Lawyers in your area exist to help enforce laws, but there can be problems with enforcement. This can range from lawyers not being familiar with the law. In a particular region or lawyers lack the time or energy needed to investigate the case. Other times even lawyers may not be able to properly understand the complex legal implications of a situation!


If their clients need assistance understanding the irrefutable case against them due to outdated legal precedent or tight deadlines. Lawyers may not be able to decipher it before facing a judge. Lawyers in your area can usually provide guidance and legal advice.


Disclosure of Accurate Information

It is paramount to hire a real estate agent or practice law with practitioners.  Any miscommunication or misunderstanding could cost the client both in terms of finances as well as reputation.


A professional dedicated to disclosing accurate information can help mitigate this. And even cutting these issues allow clients to make informed decisions. Without worrying about potential problems that could arise due to inaccurate or incomplete data.


Connect With Us For Any Legal Real Estate Matter

Fernald & Zaffos is an expert in real estate law. We have extensive experience representing buyers and real estate investors in all aspects of real estate transactions. Our real estate lawyers are knowledgeable and experienced in navigating the legal complexities of real estate transactions. And can help protect your interests throughout the entire process. If you’re searching for a “real estate lawyer near me,” do not hesitate to contact Fernald & Zaffos today.


We can help guide you through any legal real estate matter and provide you with the expertise and support you need!


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California Real Estate Law | Fernald & Zaffos

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