Title Issues and Disputes in
Cleveland, Ohio

When you’re buying or selling a property in Cleveland, Ohio, one of the most important things to consider is the title. The title is the legal document that proves ownership of a property. It’s what gives you the right to use, occupy, and sell the property as you see fit. However, sometimes issues can arise with a property’s title that can lead to disputes and even litigation.

At Cavell Law, we understand how stressful title issues can be. That’s why we’re here to walk you through the process and protect your property rights. Don’t let title problems keep you up at night. Contact Cavell Law today for a consultation, and let us help you safeguard your property.

5 Common Causes of Title Disputes in Cleveland, OH

1. Liens and Encumbrances on the Property

One of the most common causes of title disputes is liens and encumbrances on the property. A lien is a legal claim against a property that gives the lienholder the right to seize the property if the debt is not paid. Liens can be placed on a property for a variety of reasons, including:

• Unpaid property taxes
• Unpaid Homeowners Association dues
• Unpaid child support or alimony
• Unpaid contractor bills for work performed on the property

Encumbrances, on the other hand, are any claims or restrictions on a property that limits the owner’s use or enjoyment of the property. Examples of encumbrances include easements, restrictive covenants, and mortgages.

Sometimes, liens and encumbrances can go undiscovered during the title search process, only to come to light later on. This can lead to disputes over who is responsible for paying off the debt or resolving the issue.

2. Boundary Disputes and Easement Issues

Another common cause of title disputes is disagreements over property boundaries and easements. In Ohio, property boundaries are determined by legal descriptions in deeds and surveys. However, sometimes, these descriptions can be unclear or inaccurate, leading to disputes between neighbors over where one property ends and the other begins.

Easements are another potential source of title disputes. An easement is a legal right to use someone else’s property for a specific purpose, such as accessing a public road or utility line. Easements can be created by agreement between property owners, or they can arise by necessity or prior use. However, sometimes easements can be undocumented or unclear, leading to disputes over who has the right to use the property and for what purpose.

3. Errors in Public Records and Deeds

Title issues can also arise from errors in public records and deeds. In Ohio, property records are maintained by the county recorder’s office. These records include deeds, mortgages, liens, and other documents related to property ownership. However, sometimes clerical errors can occur in these records, such as misspelled names or incorrect legal descriptions.

Similarly, errors can occur in the drafting and recording of deeds. A deed is a legal document that transfers ownership of a property from one party to another. If a deed is improperly drafted or recorded, it can create confusion over who actually owns the property and lead to title disputes down the line.

4. Competing Claims to Ownership

In some cases, title disputes can arise from competing claims to ownership of a property. This can happen when there are issues with the property’s chain of title, which is the record of ownership going back to the original owner. For example, if a previous owner of the property died without a will, there may be multiple heirs who claim ownership of the property.

Another potential issue is fraudulent or forged deeds. Unfortunately, there are some unscrupulous individuals who may try to sell a property they don’t actually own by creating a fake deed. This can lead to disputes between the legitimate owner and the person who purchased the property in good faith.

5. Undisclosed Heirs or Missing Owners

Title disputes can sometimes arise due to undisclosed heirs or missing owners. If a property owner dies without a will (intestate) or without their estate being properly settled, it can create uncertainty over who actually owns the property. In some cases, unknown heirs may come forward years later to claim ownership rights.

Similarly, if a property owner goes missing or is unable to be located, it can create issues with selling or transferring ownership of the property. In Ohio, a court may appoint a receiver to manage the property until the owner can be located or their estate can be settled.

How Title Insurance Protects Your Property Rights

With so many potential issues that can arise with a property’s title, it’s important to take steps to protect your investment. One of the best ways to do this is by obtaining title insurance.

Title insurance is a type of insurance policy that protects property owners and lenders against financial losses resulting from title defects, liens, and other issues. There are two main types of title insurance:

1. Lender’s title insurance: This type of policy is required by most mortgage lenders and protects the lender’s interest in the property up to the amount of the loan.
2. Owner’s title insurance: This type of policy is optional but highly recommended for property buyers. It protects the buyer’s investment in the property and covers legal fees and other costs associated with defending against title disputes.

Title insurance policies typically cover defects and issues that occurred prior to the date of the policy, such as:

• Errors in public records
• Undisclosed liens or encumbrances
• Competing claims to ownership
• Undisclosed easements or access rights
• Forgery or fraud in the chain of title

However, it’s important to note that title insurance does not cover issues that arise after the policy is issued, such as zoning changes or future liens placed on the property.

At Cavell Law, we highly recommend that our clients obtain both lender’s and owner’s title insurance when purchasing a property in Cleveland, Ohio. While it may seem like an added expense at the time of closing, it can provide invaluable peace of mind and financial protection down the road.

How We Resolve Title Disputes

If a title dispute does arise, it’s important to seek the guidance of an experienced real estate attorney as soon as possible. At Cavell Law, we have extensive experience helping clients in Cleveland, Ohio, and throughout the state navigate title issues and protect their property rights.

Some of the ways we can assist with title disputes include:

• Conducting thorough title searches: We can review public records and other documents to identify any potential issues with a property’s title and help you understand your legal options.
• Advocating for your property rights: If a dispute arises, we can negotiate with the other party on your behalf and work to find a resolution that protects your interests.
• Filing quiet title actions: In some cases, it may be necessary to file a quiet title action to resolve competing claims to ownership or clear up title defects. We can guide you through this process and represent you in court.
• Assisting with boundary and easement disputes: If you’re involved in a dispute with a neighbor over property boundaries or easement rights, we can help you understand your legal options and work toward a resolution.
• Obtaining a clear title for selling or refinancing: If you’re looking to sell or refinance your property, we can assist with obtaining a clear title and resolving any outstanding issues that may hold up the transaction.

Common Questions About Title Issues and Disputes in Cleveland, Ohio

What should I do if a title dispute arises after buying a home?

If a title dispute arises after you’ve purchased a property, the first step is to contact your title insurance company and your real estate attorney. They can review the issue and advise you on your legal options for resolving the dispute.

How long does it take to resolve a title dispute?

The timeline for resolving a title dispute can vary depending on the complexity of the issue and the willingness of the Parties to come to an agreement. In some cases, disputes can be resolved through negotiation in a matter of weeks or months. However, if the dispute ends up in litigation, it can take several months or even years to reach a resolution.

Who is responsible for the costs of resolving title issues?

In many cases, the cost of resolving title issues will be covered by your title insurance policy. However, if the issue is not covered by insurance, the cost may fall on you as the property owner. We can review your policy and advise you on your options for minimizing out-of-pocket expenses.

Can I sell my property if there is a title dispute?

It is possible to sell a property that is involved in a title dispute, but it can be more challenging. In many cases, the dispute will need to be resolved before the sale can be finalized. We can assist you with navigating the legal process and finding a resolution that allows you to move forward with the sale.

Do I need an attorney for a title dispute, or can my title company handle it?

While your title company can provide valuable assistance with researching and investigating title issues, they cannot provide legal advice or represent you in court. If a dispute arises, it’s important to seek the guidance of an experienced real estate attorney who can advocate for your interests and protect your legal rights.

Consult Our Experienced Cleveland Title Dispute Attorney

At Cavell Law, we understand how stressful and overwhelming title issues can be. That’s why we’re here to help. Our attorney has a deep understanding of Ohio property law and a track record of success in resolving even the most complex title disputes.

If you’re facing a title issue or dispute in Cleveland, Ohio, don’t wait to seek legal guidance. Contact Cavell Law today to schedule a consultation with us. We’ll review your case, answer your questions, and provide the strong legal advocacy you need to protect your property rights.