Chain of Title Dispute Lawyers

In property law, the concept of “chain of title” refers to the chronological sequence of title transactions (i.e., documents that transfer ownership) for a specific piece of real property, tracing back from the current owner to the original owner. Essentially, a chain of title is a historical record of ownership for a particular piece of real estate.

Generally, a chain of title is maintained and preserved through official, written documents. Once executed, these documents are typically submitted to a local registry office or the county “recorder of deeds” where the real property is located. These offices store copies of documents that help establish a chain of title for the property in question.

Understanding the ownership history contained in the chain of title is crucial when purchasing or selling real property, as it ensures the validity of the title being bought or sold.

What Documents Can Be Used to Establish a Chain of Title?

Various documents can be used to verify the chain of title for a piece of real property, including:

• The property deed;
• Foreclosure documents (if applicable);
• Decrees or decisions from judgments of distribution;
• Decisions from a judgment or other documents used in a lawsuit to quiet title;
• Death certificates of joint tenants or other relevant parties; and
• Various records indicating the transfer of real property titles.
• Title insurance policies
• Property tax records
• Quitclaim deeds
• Warranty deeds
• Affidavits of heirship
• Probate records and wills
• Trust agreements
• Powers of attorney
• Mechanic’s liens
• Mortgages and mortgage releases

When is the Chain of Title Relevant?

The chain of title becomes relevant in several situations, such as:

• When buying or selling real property, where transactions need to be recorded with a local registry office to ensure the chain of title reflects changes associated with the new owner;
• When a purchaser conducts a title search to determine the validity of the seller’s title and uncover any encumbrances on the land;
• In cases of disputes over property ownership or transfer;
• When the marketability of a title is unclear;
• If a seller did not have legitimate title to the property;
• When the validity of a deed or title is in question (i.e., defective title); and
• When another party presents a deed that is outside the chain of title (also called a “wild deed“).
• When applying for a mortgage or other financing, lenders will want to ensure that the property has a clear title.
• When dealing with boundary disputes or easements, the chain of title can help establish ownership and rights to use the property.
• When inheriting or transferring property through a will or trust, as the chain of title will need to be updated to reflect the new owner.
• When dealing with zoning and land use regulations, the chain of title can help establish the permitted uses and restrictions on the property.

Here are some examples of real-world situations where the chain of title may be relevant:

• Zoning and land use regulations: A property owner may want to build an addition onto their house or open a business on the property, but they need to ensure that the zoning regulations permit such use. The chain of title can help establish the permitted uses and restrictions on the property.
• Boundary disputes: If a property owner believes that a neighbor has encroached on their property, the chain of title can be used to establish the true boundaries of the property and who has the right to use certain portions of the land.
• Inheriting or transferring property: When property is transferred through a will or trust, the chain of title will need to be updated to reflect the new owner. Similarly, if a property is gifted or sold to a new owner, the chain of title will need to be updated to reflect the transfer.
• Mortgage and financing: When a property owner applies for a mortgage or other financing, the lender will want to ensure that the property has a clear title. The chain of title can be used to confirm that there are no encumbrances or liens that would impact the property’s value or ownership.
• Foreclosure: In a foreclosure proceeding, the chain of title can be used to establish who has the right to foreclose on the property and who has a valid lien against the property.
• Land use planning: When a local government is considering a change to land use regulations or planning for future development, the chain of title can provide important information about the current ownership and use of the property.
• Environmental regulations: In cases where environmental regulations apply to a property, the chain of title can help determine who is responsible for cleanup costs or other liabilities related to contamination or pollution.

How are Disputes Over the Chain of Title Resolved?

Disputes over the chain of title can arise for various reasons, such as when a person contracts to purchase a home, but a third party intervenes, claiming ownership of the property. In such cases, a title search is the best way to resolve the issue, as it will determine the validity of the third party’s claim.

Title searches can be conducted by contacting the recorder of deeds for the property’s location, allowing for a review of the chain of title from the purchaser’s deed back to the original owner. The chain of title should reflect the true owner, and wild deeds (i.e., those not recorded in the chain of title) are generally not considered valid.

Parties with recorded deeds typically prevail over those without recorded deeds, which is why recording real estate documents is crucial in property sales. However, title searches can be complex and may require the assistance of a qualified real estate attorney due to differences in state laws concerning recording acts.

Recording acts, which are rules governing the proper recording of real estate transfers, can become a significant issue in chain of title disputes, mainly when one party is from out of state and unfamiliar with local recording act requirements. Improperly recording real estate transactions can lead to the loss of property to another party, emphasizing the importance of understanding and adhering to local recording acts.

Do I Need to Hire a Lawyer for Issues with My Chain of Title?

Understanding the chain of title and how it can impact your real estate affairs, especially in terms of transferring title, is essential. If you have questions or concerns or find yourself in a dispute related to the chain of title, seeking the guidance of a local real estate attorney is recommended. A real estate lawyer can help you conduct a title search and represent you in court if necessary.

LegalMatch is an online service that helps connect individuals with experienced local attorneys who practice real estate law. Using LegalMatch, you can quickly and easily find a qualified attorney to assist you with your chain of title issues.

To get started, simply visit the LegalMatch website and fill out a brief questionnaire describing your legal issue. You will then receive responses from multiple attorneys in your area who are interested in taking on your case. From there, you can review the attorneys’ profiles, read client reviews, and compare rates to choose the attorney who is the best fit for your needs.

Use LegalMatch to save yourself time and effort in finding the right real estate attorney and give yourself peace of mind knowing that you are working with a qualified professional who can help you resolve your chain of title issues.