Title Claims
What is a title claim?
A title claim is a challenge to the ownership of a property:
- A title claim may be minor, such as arising from an unpaid homeowners' association bill.
- A title claim may be major, such as a fraudulent conveyance of the property. Abraham Lincoln lost two homes due to title claims against his properties, and Daniel Boone lost his home, too.
Property owners and their lenders purchase title insurance policies at the time of title and/or loan closings as protection against title claims.
Third party allegations
Title claims may be made by third parties challenging some aspect of property ownership, such as the following:
- A boundary dispute, such as your neighbor erecting a fence that crosses onto your property
- Unauthorized use of an easement (a right to enter your property for some specified, limited purpose)
- A claim of prior ownership that was not extinguished, such as the spouse of a prior owner who did not sign the deed of conveyance
- A fraudulent conveyance in which the grantor did not have an ownership interest
Outstanding liens
Other sources of title claims arise from liens that were not paid off at the time of deed transfer, such as the following:
- A tax lien
- A judgment lien against a prior owner
- A mechanic’s lien filed to secure payment for services or materials provided to a former owner
- A condominium or homeowners' association lien for unpaid assessments or dues
If you are challenged with a title claim, speak with a Bowes & Hennessee, P.L.L.C. attorney by calling 214-390-4357 or click here to contact us online.
