26 Jan Common Legal Problems in Real Estate

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.

Forgeries

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

Problems With Enforcement

Disclosure of Accurate Information

Connect With Us For Any Legal Real Estate Matter

You Might Also Like:

Real Estate Attorney: Why You Need to Hire One?
Hiring A Lawyer vs. Hiring A Real Estate Agent
8 Important Things That A Real Estate Lawyer Is Handling
Real Estate Attorney: Why Do You Need One When Buying Property?
California Real Estate Law | Fernald & Zaffos