
Title issues can be very problematic and overwhelming. They may even put your claim on the property in jeopardy! But how do title problems happen? Learn more about this so you can stay away from them with this post by Louisiana Title Services Inc. in Baton Rouge, LA.
When you purchase a home, you expect the property to come with clear ownership. After all, you’re paying a significant sum for what’s likely the most important investment of your life. But what happens if, months or even years later, someone else shows up claiming ownership? Or you discover an unpaid lien that becomes your responsibility? These are examples of title problems, and they’re more common than most people realize.
Understanding how title problems happen is essential to protect your property rights and avoid costly surprises. Here’s a closer look at the causes behind title issues and why due diligence—and title insurance—matters.
The title to a property is the legal right to own, use, and sell it. When you buy a home, part of the closing process involves confirming that the seller has the legal authority to transfer that ownership to you. That’s where a title search comes in.
A title search reviews public records to verify ownership history and uncover any issues such as liens, easements, or errors. However, even a thorough search may not catch everything—especially if problems are hidden or undocumented.
One of the most frequent issues is a lien placed against the property by a creditor. This could include:
These liens can remain attached to the property—even after it's sold. If they aren't discovered during a title search, the new owner could become financially responsible.
A simple typo or misfiled document can cause long-term title headaches. For example, a misspelled name or incorrect property description in a deed or mortgage record can create confusion over rightful ownership.
Although these may seem like minor issues, they can delay or derail future transactions if not corrected.
If a previous owner passed away without a clear will or proper estate planning, heirs may come forward later claiming ownership. This can lead to disputes, especially if property transfers occurred without full legal clarity.
Title searches often include probate records, but missing or undisclosed heirs can still appear after closing.
While less common, fraudulent activity can create significant title defects. Examples include:
These acts can void legal ownership, leaving innocent buyers in a legal battle.
Even if a past transaction looked legitimate, a previous owner may not have had the legal capacity to transfer ownership. Common scenarios include:
If any deed in the chain of title was invalid, it could affect the legality of your current ownership.
Easements give others the right to use part of your property—like utility companies accessing power lines. If these aren’t disclosed during a title search, you may be surprised when someone starts digging in your yard.
Zoning violations, covenants, or usage restrictions can also cloud the title and limit your property rights.
Because title problems can emerge long after purchase, it's important to take proactive steps: