When you buy or sell property, you expect a clear and undisputed title. Unfortunately, that’s not always the case. Title disputes can arise at any point, whether you are purchasing a home, transferring property within a family, or refinancing a mortgage. These disputes can put your investment at risk and delay important transactions. At Merlino & Gonzalez, we help clients in New York and New Jersey resolve title issues so they can protect their investment and secure clear ownership.
What Is a Title Dispute?
A title dispute happens when there is a disagreement or uncertainty over who legally owns a property. While most real estate transactions go smoothly, title issues can arise unexpectedly, leaving buyers and sellers frustrated. Even a small error in the public record or an unresolved lien can cast doubt on ownership rights.
In New York and New Jersey, title disputes often surface during the closing process or when a property is inherited. When that happens, having an experienced legal team by your side makes the difference between ongoing stress and a successful resolution.
Common Causes of Title Disputes
There are many reasons why a property’s title might be contested. Some of the most common include:
- Conflicting wills or inheritance claims – Disagreements among heirs about who should inherit property.
- Fraudulent or forged deeds – When a deed was altered or created without proper authorization.
- Easements and covenants – Disagreements over property use restrictions or shared access rights, such as driveways, utilities, or building limitations.
- Boundary disagreements – Neighbors disputing where one property ends and the other begins.
- Unpaid liens or judgments – Creditors placing claims on property for unpaid debts.
- Errors in public records – Clerical mistakes that create confusion about ownership.
Any of these issues can prevent you from selling, refinancing, or even occupying a property without fear of future legal challenges.
How Title Disputes Affect Property Owners
Title disputes don’t just create stress; they have real financial and legal consequences. A pending dispute can:
- Delay or derail property sales – Buyers typically require a clear title, and disputes provide them with grounds to back out of a deal.
- Create a cloud on title – Without a marketable title, owners may struggle to sell or use the property as collateral.
- Complicate title insurance – Disputes can increase the cost of coverage or make insurance unavailable altogether.
- Reduce property value – Properties with ownership questions often attract fewer buyers and lower offers.
In Staten Island and New Brunswick, where real estate transactions move quickly, even a short delay can have lasting financial consequences.
How We Can Help Resolve a Title Dispute
At Merlino & Gonzalez, we work directly with property owners, title companies, and lenders to identify and resolve title disputes. Our goal is to protect your property rights and provide a clear path forward. Depending on your situation, we may:
- Review property records and deeds for accuracy
- Investigate liens, judgments, or claims against the property
- Negotiate settlements to clear disputes outside of court
- Represent you in legal proceedings, including quiet title actions if necessary
Whether the issue is a minor error in the records or a complex ownership dispute, we are committed to finding the best solution for you.
Preventing Future Title Issues
While some disputes cannot be avoided, many can be prevented through careful planning before purchasing or transferring property. Steps that help reduce the risk include:
- Due diligence – A thorough title search conducted by a title company or real estate attorney can uncover problems before they become your responsibility.
- Boundary surveys – Having a survey performed ensures you know the exact dimensions of the property and helps avoid disputes with neighbors.
- Clear documentation – Reviewing titles and deeds for accuracy and making sure ownership documents are properly recorded can prevent confusion later.
- Title insurance – Purchasing title insurance provides financial protection, covering legal costs and potential losses in the event of a dispute.
Taking these proactive steps, with guidance from Merlino & Gonzalez, helps property owners in Staten Island and New Brunswick safeguard their investment from future complications.
Frequently Asked Questions About Title Disputes
Can a title dispute stop me from selling my property?
Yes. Most buyers and lenders require a clear title before closing. A dispute can delay the sale or even cause a deal to fall through until the issue is resolved.
Do I need to go to court to resolve a title dispute?
Not always. Some disputes can be settled through negotiation or corrective paperwork. However, in certain cases, filing a quiet title action in court may be necessary.
Will title insurance cover a title dispute?
Title insurance may provide coverage for certain disputes, but not all. An attorney can review your policy and help determine whether your situation is covered.
Contact Our Experienced Staten Island, NY & New Brunswick, NJ Title Dispute Attorneys
If you are facing a title dispute, you don’t need to go through it alone. The team at Merlino & Gonzalez can protect your rights and resolve ownership issues efficiently. Contact us today to schedule a consultation and learn how we can help you secure clear title to your property.