A title establishes legal relationship to the land an individual owns. It gives a person the right to a specific property; these rights may include possession and use of land, easements, mineral and water rights, amongst others. Disagreements over the title of real estate properties are quite common in the United States. There are many instances where two individuals assert their claim over the title of a real estate property, which may lead to a legal dispute between them.
What Causes Title Disputes?
Disputes can take place due to multiple reasons. For instance, the title might have a name of one individual and another silent partner claims their interest on the property. These type of cases usually occur when two people are purchasing the property together and one of them has a bad credit score. Thus, the person with good credit ratings puts their name on the title while the other person with poor credit rating makes a financial contribution to the real estate property while remaining off the title.
Contrarily, there are situations where two people have their name on the title, but one of them claims that they are the sole owner of the real estate property. These types of cases usually take place when the name of an individual was put on the title for assistance in obtaining a mortgage, tax purposes or facilitating the transactions in some other way.
How to Deal With Title Disputes
It is always advisable to obtain a litigation guarantee, also known as a title report when purchasing a real estate property. This legal document can help in determination of legal ownership, thus making it particularly useful in dispute claims. Simply stating, it serves as an insurance policy to provide protection to an owner against other parties who claim an interest in their real estate property.
However, if you are past that stage and find yourself in a title dispute over real estate property, then the first step that you should take is to procure the services of an experienced real estate lawyer. Your attorney will ensure that your rights remain protected throughout the case.
A skillful real estate lawyer will check mortgage payments, property purchases, and maintenance expenses to assert your claim on the property. Moreover, a competent real estate lawyer will gather additional evidence such as notes, E-mails, messages, or any other written communication that supports your claim of ownership and devise a strong case in your favor.
For further information pertaining to title disputes over real estate property or to schedule a free consultation, contact Casement Law Group, P.C. today at (847)888-9300 to speak with a veteran real estate lawyer.