Rockville, Maryland Title Litigation Lawyers

Attorneys Addressing Disputes Related to the Ownership of Real Estate Property in Rockville

A clear title will ensure that a property owner can sell, refinance, or transfer ownership of real estate. However, there may be some cases where competing claims may arise, and the ownership of property may be unclear. When disputes over who actually holds rights to a property, a transaction may not be able to move forward until these issues have been resolved. In some cases, title litigation may be necessary to resolve these disputes.

The real estate lawyers at Fox & Moghul work with property owners in Rockville and other nearby areas to address title issues. We can help our clients take the right steps to resolve disputes that may threaten their ownership rights or their ability to use their property. We can provide representation during title litigation or determine how matters may be resolved outside of court through negotiations, private transactions, and the execution of legal documents.

Title disputes will require a comprehensive knowledge of the issues that may affect ownership rights to real estate property, including tracing a property's history through deeds, surveys, and other recorded documents. Our attorneys have the experience needed to untangle these records and protect our clients' rights. We know how to resolve these issues through title litigation, and we have achieved success for numerous clients through real estate litigation and in other types of cases. We have received many awards for our high level of service, and we also serve as educators for other attorneys to ensure that they can handle real estate matters effectively.

Liens and Encumbrances

A lien on a property can prevent an owner from selling or refinancing until the claim is addressed. Contractors may place mechanic's liens on property to collect payment for work they have performed. Liens may also exist due to tax debts, a judgment against a previous owner, or for other reasons. When the proper steps have not been taken to resolve liens, these encumbrances may continue to affect a property even after debts have been paid. Our lawyers can investigate the origin of a disputed lien and take the correct legal steps to have it removed from a property's title.

Boundary Disputes

Neighbors may disagree about where one property ends and another begins. These disagreements may arise when a new survey reveals discrepancies in older documents. Boundary disputes may also be based on the placement of a fence, a hedge, a structure, or a driveway that a person believes is encroaching on their property. Our attorneys can make sure the proper surveys are performed and take steps to resolve these disputes.

Easements

An easement may give one party the right to use part of another person's property for a specific purpose, such as access to a road. Disputes in these cases may involve disagreements about the scope of an easement, including what exactly is allowed. Our lawyers can review the language of easement agreements and other documentation as we work to resolve these disputes. When necessary, we can put new agreements in place to help ensure that our clients' property rights are protected.

Adverse Possession

A person who has lived on or otherwise occupied property owned by another party for multiple years may be able to claim ownership of that property through adverse possession. In these cases, a person will need to show that they maintained open possession of a property for at least 20 years. These claims may be related to boundary disputes, and they may affect the ownership of all or a portion of a property. Our attorneys can provide representation when pursuing or defending against adverse possession claims, making sure our clients can protect their property rights.

Disputes Among a Property Owner's Heirs

When a property owner passes away, disagreements can arise among their heirs over who will assume ownership of the property and who is entitled to use it. In some cases, wills and other estate planning documents may be unclear, or multiple heirs may need to determine how to handle co-ownership of a property. If one heir has lived on or maintained a property for years, they may believe that they should be able to maintain sole ownership. In other situations, ownership claims may arise when a property is sold or transferred in the future. Our lawyers can help resolve these disputes, address claims by the heirs of a previous owner, and ensure that ownership of a property can be transferred to the correct person.

Resolving Title Disputes Through Quiet Title Actions

Title litigation can be complex, and the parties involved may wish to avoid resolving issues in the courtroom. To minimize complications, issues may be resolved through a quiet title action, which will allow a person who has possession of a property to ask a court to resolve the competing claim and remove any cloud on the title.

Quiet title actions can address a wide range of disputes, including contested liens, disputed boundary lines, questionable easements, and competing ownership claims among heirs. A judgment by a court can make sure the ownership of a property is understood, and it will allow an owner to sell, refinance, or transfer the property as desired. Our attorneys understand the steps that will need to be followed during quiet title actions, and we will make sure our clients can resolve any issues related to property ownership.

Contact Our Rockville, MD Title Litigation Attorneys

Title disputes can prevent a property owner from using their property as they wish. By addressing these issues and resolving any competing ownership claims or encumbrances, a person can avoid problems that may arise in the future. At Fox & Moghul, our real estate lawyers can provide guidance on the best ways to address title issues, and we can provide effective representation in quiet title actions or other forms of title litigation. Schedule a consultation with us by contacting our Rockville real estate title litigation lawyers at 301-409-5316.