Understanding the Most Common Title Issues That Can Affect a Real Estate Transaction 

What are common title problems?

Every property has a history, and sometimes that history can create unexpected challenges during a real estate transaction. A title search is designed to uncover issues that could affect ownership, delay closing, or create legal or financial complications after the purchase.

At Surety, we conduct thorough title searches to identify potential problems early, giving buyers, sellers, lenders, and real estate professionals the opportunity to resolve them before closing.

Whether you're purchasing a home in South Jersey, investing at the Jersey Shore, buying commercial property near Philadelphia, or refinancing anywhere in New Jersey or Pennsylvania, understanding common title issues can help you avoid unnecessary surprises.

Why Do Title Problems Matter?

A title issue—or title defect—is anything that could affect a property's legal ownership or prevent it from being transferred with a clear title.

Some issues are simple to resolve, while others require additional research, legal documentation, or coordination before closing can move forward.

The earlier these issues are discovered, the easier they are often to address.

The Most Common Title Problems

Errors in Public Records

Mistakes happen. Clerical errors, misspelled names, incorrect legal descriptions, or filing mistakes can create ownership questions that must be corrected before closing.

Unknown Liens

Previous property owners may have left behind unpaid debts that resulted in liens against the property.

Examples include:

  • Tax liens
  • Contractor (mechanic's) liens
  • Judgment liens
  • HOA liens
  • Unpaid mortgages

These liens generally need to be resolved before ownership can transfer.

Fraud & Forgery

Identity theft and forged documents can create serious ownership disputes.

Examples include:

  • Forged deeds
  • False signatures
  • Seller impersonation
  • Fraudulent transfers

Although uncommon, these situations can have significant legal consequences if not discovered.

Unknown Heirs

If a previous property owner passed away and an heir was overlooked during the transfer process, ownership claims could arise years later.

A title search helps identify these situations whenever possible before closing.

Easements

An easement allows another party to legally use part of your property for a specific purpose.

Examples include:

  • Utility easements
  • Shared driveways
  • Drainage easements
  • Municipal access

Many easements are perfectly normal, but buyers should understand how they affect property use.

Boundary & Survey Disputes

Occasionally, surveys reveal conflicting property boundaries or encroachments.

These situations can involve:

  • Fence locations
  • Shared driveways
  • Neighbor disputes
  • Building encroachments

Resolving these issues before closing helps reduce future ownership disputes.

Probate & Estate Issues

If ownership transferred through an estate, additional documentation may be required before the property can legally be sold.

Probate-related title issues are relatively common and often require coordination with attorneys or estate representatives.

Recording Errors

Sometimes documents were never properly recorded or were filed incorrectly years ago.

These errors can create breaks in the chain of title and require correction before ownership transfers.

Can Title Problems Delay Closing?

Yes—but many delays can be avoided.

The purpose of a title search is to identify issues early so they can be addressed before closing day.

At Surety, our experienced title professionals work proactively with buyers, sellers, lenders, attorneys, and real estate agents to resolve title issues as efficiently as possible and help keep transactions on schedule.

How Surety Helps Resolve Title Issues

Our team works to identify, investigate, and help resolve title concerns before they become closing-day surprises.

We assist with:

  • Title searches
  • Lien resolution
  • Curative title work
  • Ownership verification
  • Recording corrections
  • Coordination with attorneys and lenders
  • Settlement services
  • Title insurance

Whether your transaction involves residential, commercial, foreclosure, or investment property, we're committed to helping every closing move forward smoothly.