Title Disputes

New Jersey Real Estate Lawyers Resolving Property Title Issues

Whether you are purchasing residential or commercial real estate in New Jersey, you have the right to receive clear and marketable title to the property. Disputes involving marketability of title or other ownership rights and interests can be very problematic and time-consuming for all parties involved. Because these cases often trigger complicated legal rights and issues, the successful resolution requires the assistance of a seasoned attorney with extensive experience handling title claims litigation.  The real estate lawyers at Einhorn Barbarito have years of experience working to resolve complex real estate issues, including title disputes. Our attorneys have a strong track record of advising both buyers and sellers throughout New Jersey in a wide range of title dispute matters.

Title Disputes Can Impact All Types of Real Property Transactions

While property title issues can arise during both residential and commercial real estate transactions, the most common types of conflicts involve boundary line disputes in residential matters.  For instance, consider a situation where a property owner is arguing that a neighbor’s fence, retaining wall, shed or another structure is encroaching upon their property. While these types of quarrels are common, they can involve complicated boundary line issues requiring the expertise of a forensic surveyor to determine where the property line actually lies.

Title disputes also frequently center around the interpretation of ownership, such as where an ancient deed sets forth that certain parties own a parcel of property, but it is unclear as to how the ownership works – do they own it 50/50 or as joint tenants with right of survivorship?  Disputes involving easements are also a frequent occurrence in real property matters. In addition to explicitly written easements, easements can also be implied or prescriptive. For instance, when someone has been using someone else’s property for 30 years, a claim of adverse possession may surface which may need to be resolved through an action to quiet title.  In New Jersey, quiet title actions can also be used to remove claims of heirs or representative of deceased past owners.

Providing Workable Solutions in Property Title Disputes

The New Jersey real estate attorneys in our practice have a firm understanding of the multitude of title disputes that can arise in connection with real property.   We draw upon our extensive backgrounds in real estate law, including land use and zoning matters, to find fair and workable solutions for our clients’ disputes.   When property title conflicts cannot be resolved quickly outside of formal litigation, we are well prepared to protect our clients’ legal rights and interests in court.

Our practice addresses a broad range of title disputes, including:

• Boundary disputes
• Discrepancies in the chain of title
• Adverse possession
• Implied and prescriptive easements
• Restrictive covenants and other encumbrances
• Liens recorded against real property
• Quiet Title Actions

Arrange a Consultation with Our Title Dispute Attorneys

If you have property title questions or are involved in a title dispute, we encourage you to arrange a consultation with our real estate practice group by calling 973-627-7300.  Our attorneys provide legal services to buyers and sellers throughout New Jersey and beyond.