Civil court judges settle disagreements and help review complex information, such as leases and other contracts. Their intervention can prove incredibly valuable for people dealing with title issues related to real property. Title records establish who is the owner of real property and who may have a lien or easement against the property. Those records protect ownership rights and the ability to seek repayment in some cases.
Judges sometimes have to evaluate and address title matters in civil court proceedings. What scenarios result in judges evaluating title matters and ruling on them?
Inaccurate county records
The county recorder’s office maintains information about ownership, easements and liens. It is critical that those records contain accurate information.
In scenarios where a creditor failed to release a lien, a prior owner shows up on record or there are other issues, property owners can request a hearing. During quiet title proceedings, judges review evidence and issue rulings that may have an impact on the title records maintained by the county.
Title disputes
In some cases, fraud or other issues may lead to disagreements about who owns a property. Errors during estate administration and deeds executed by people without an ownership interest are among the scenarios in which significant title disputes may arise.
Those who claim to have an interest in a property may take legal action and ask a judge to review the situation. Title disputes sometimes result in the current owner losing access to or control over the property. Other times, the courts may affirm that the party who believed they had a claim did not.
Understanding when judges make determinations about real property title issues can help people recognize when they may need to go to court or may require legal representation to resolve title matters.