Title Defect Remediation Playbook

A gap exists in recorded ownership transfers, typically because a deed was never recorded or was recorded in the wrong county.

Evidence suggests a signature on a recorded deed was forged or executed without proper authority.

Deed executed by person lacking mental capacity, under duress, or while legally incompetent.

Property conveyed by someone under 18 without proper guardian approval. In virtually all U.S. states, such a deed is voidable — not void — meaning the minor must actively disaffirm it upon reaching majority; it does not automatically become invalid.

Estate property transferred without proper probate proceedings, court approval, or adherence to will provisions.

Deed recorded by someone with no record title connection to the property.

Property awarded in divorce decree but transfer deed never recorded, or one spouse claims interest despite decree.

Deed executed by corporate officer without proper board resolution or authority, or by dissolved corporation.

Easement claimed by prescription or prior agreement but never formally recorded.

Easement recorded with vague location, no survey, or unclear boundaries making enforcement difficult.

Recorded easement may have expired by its terms, been abandoned through non-use, or released but release not properly recorded.

Current use exceeds scope of original easement grant.

Easement benefits a corporation or entity that has dissolved, merged, or ceased to exist without clear successor.

Multiple recorded easements burden the same area with potentially incompatible uses or priority disputes.

Mineral rights owned separately from surface with active or planned extraction operations.

Severed mineral rights with no recent activity but held by unknown or difficult-to-locate parties.

Mineral rights divided among dozens or hundreds of owners through generations of inheritance.

Severed coal rights in regions with potential future underground mining that could cause surface subsidence.

Mineral leases improperly recorded, expired, or with unclear termination status.

Mortgage paid off but satisfaction/release never recorded, leaving it as an apparent lien on title.

Recorded utility easements or rights-of-way that could restrict project development or require relocation.

Recorded covenants restricting land use, building heights, or activities that could prohibit renewable energy development.

Prior owner reserved rights to reclaim property if certain conditions occur or uses cease.

Recorded rights for agricultural drainage systems or irrigation ditches crossing property.

Recorded deed contains vague, incomplete, or erroneous legal description.

Notary acknowledgment improperly executed, incomplete, or by unauthorized notary.

Grantor/grantee name variations across chain of title creating apparent breaks.

Deed or encumbrance recorded in incorrect county, leaving no constructive notice in the proper jurisdiction's records. Recording date — not the deed's execution date — controls priority in most states, so correcting the county of recording does not restore original priority against intervening interests.

Third party claims ownership through possession that is continuous, open, notorious, hostile, and exclusive for the statutory period — the five elements required in most U.S. states. Statutory periods typically range from 5 to 21 years depending on state law.

In the approximately 25 states that recognize tenancy by the entirety, property held by a married couple cannot be conveyed by one spouse alone — both must join in the deed. This form of ownership does not exist in community property states (e.g., California, Texas, Arizona) or states that have abolished it, so applicability must be confirmed by jurisdiction before assuming this defect is present.

Property owned by deceased person with unknown or unlocatable heirs.

Transfer made with intent to defraud creditors or avoid obligations.

Adjoining landowners dispute property line location.

Federal tax lien filed against property owner for unpaid income or other taxes.

Lien filed by contractor or supplier for unpaid work or materials.

Court judgment against property owner recorded as lien on all real property in county.

Unpaid property taxes creating automatic lien with potential for tax sale or foreclosure.

Property has no legal access to public road or highway.

Existing access easement insufficient for heavy equipment, wide loads, or high-frequency construction traffic.

Access via private road with unclear maintenance responsibilities or failed maintenance agreement.

Public road providing access was vacated by municipality, reverting land to adjoining owners.

Existing use predates current zoning but is non-conforming, with limitations on expansion.

Property in agricultural preservation district with restrictions on conversion to non-farm uses.

Property located in historic district requiring design review and approval.

Buildings, fences, or improvements from adjoining property extend over boundary line.

Survey reveals property contains significantly less land area than represented in deed.

Survey reveals gap between adjoining properties or overlap where two deeds purport to cover same land.