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Monday, December 10, 2018

Common Real Estate Title Problems in Florida

Title refers to the legal ownership of a piece of property. And while most real estate transactions are free of title problems, complications do occasionally arise. Below are some common real estate title problems encountered by the purchasers and sellers of property in Florida.

  • Easements – Easements are limited third-party property rights, and they can affect an individual’s control of his or her property. However, easements are not always disclosed to property purchasers, making it imperative that they are sought early in the home purchasing process.

  • Encumbrances – Encumbrances are interests in, rights to, or liabilities associated with a piece of property. It is important to identify and address all encumbrances prior to the completion of a real estate transaction.

  • Boundary issues – In order to have a clear understanding of a property’s boundaries, it is important that all potential property buyers have a survey conducted prior to closing. Boundary disputes can cause myriad problems for homeowners, and property values can be adversely affected by inaccurate previous surveys.

  • Public record errors – Filing and clerical errors sometimes cause problems for the sellers and buyers of real estate. For example, when mortgage documentation is filed incorrectly or misplaced, it can prevent or delay a purchaser from obtaining title to a piece of property.  

  • Lien problems – When an owner of real estate has debt issues, it can result in the placement of a lien on his or her property. A lien, which is the right to possess real estate that belongs to another person until an outstanding debt is paid, can present major problems for the purchasers of property.

  • Claims of ownership by third parties – When a homeowner dies, his or her property usually passes to either an individual named in his or her will or an heir. However, a person to whom a piece of property has been promised is sometimes difficult to locate. When such an individual cannot be located, the deceased individual’s property often ends up being sold. Problems present themselves when a beneficiary or heir claims a right to possession of a piece of property following its sale to another individual.

    Florida Real Estate Attorneys

    Due to the potential problems discussed above, it is necessary that clear title is confirmed prior to closing. In order to ensure that the title is clear, all prospective purchasers of real estate should enlist the help of an experienced Florida real estate attorney.

At the Law Offices of Jeffrey A. Herzog, P.A., our experienced Florida real estate attorneys help both buyers and sellers navigate the residential and commercial real estate transaction processes. Whether you are buying or selling a new home, purchasing or selling investment property, or need help dealing with other legal issues affecting your current property, our experienced Florida attorneys are here to help. Please contact our office today to for a consultation.


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The Law Office of Jeffrey A. Herzog, P.A. assists clients in Florida, including North Pinellas County, Palm Harbor, Trinity, West Pasco County, and the surrounding areas.



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