Common Title Issues & How They’re Resolved in Real Estate
When buying or selling a home in Arizona, you expect a clear title — meaning ownership is legally established, uncontested, and free from problems. But sometimes, hidden title issues can surface during the title search.
At Arizona Premier Title, we uncover and fix these problems before they interfere with your closing — often before you even know they existed.
1. Mechanic’s Liens
The Issue:
If a contractor, builder, or supplier did work on the property and wasn’t paid in full, they may file a mechanic’s lien.
The Risk:
The lien must be resolved before the property can transfer ownership — otherwise, the new owner could be responsible for the debt.
The Solution:
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Verify the work and payment history.
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Obtain a lien release once payment is made.
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Clear the lien from public records before closing.
2. Recording Errors
The Issue:
Clerical mistakes in public records — such as a misspelled name, incorrect legal description, or missing signatures — can create ownership confusion.
The Risk:
An error could delay closing or even make ownership transfer invalid.
The Solution:
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Correct the error with an amended document.
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Re‑record the corrected paperwork with the county.
3. Boundary Disputes
The Issue:
Neighbors may disagree about where one property ends and another begins, or a fence might be placed incorrectly.
The Risk:
This could limit how you use the property and may trigger legal disputes.
The Solution:
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Obtain a professional survey.
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Negotiate an agreement with neighboring property owners.
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Update property descriptions to reflect the resolution.
4. Prior Owner’s Interests
The Issue:
A past owner, heir, or ex‑spouse may claim an ownership interest in the property.
The Risk:
Without their legal release, you could face an ownership challenge after purchase.
The Solution:
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Obtain signed quitclaim deeds from all parties with potential interest.
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In some cases, file a quiet title action in court to settle disputes.
5. Unknown Easements
The Issue:
An easement gives someone else the legal right to use a portion of your property — such as a utility company’s access road.
The Risk:
Some easements can restrict how you use your land or affect property value.
The Solution:
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Verify the easement’s purpose and extent during the title search.
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Work with legal professionals to address or release unnecessary easements.
How Title Companies Resolve Issues Before You Even Notice
At Arizona Premier Title, our role is to:
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Identify potential problems during the title search.
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Resolve them quickly through document corrections, lien payoffs, or legal action.
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Deliver a clear, insurable title so your closing stays on track.
By the time you get to the signing table, these challenges have already been handled — giving you peace of mind and a smooth path to ownership.