Common Title Issues That Can Affect Your Property in Maryland

Whether buying or inheriting a property, you might assume that once the deed is signed, notarized, and recorded, you’re all set. Unfortunately, this is not always the case. Title issues often go unnoticed and can create costly and annoying legal complications. Here are a few of the more common title issues that we have encountered:

Public Records Errors – Clerical mistakes, like misspelled names, incorrect legal descriptions, or recording errors, are not uncommon in land records. Such issues can cause transaction delays and might require a corrective deed to be filed.

Unknown Liens and Judgments – Some debts or liens may be enforceable even after the previous owner no longer lives in the home. These might include unpaid construction bills, medical judgements, HOA dues, or tax liens. In the state of Maryland, a recorded lien is attached to the property, not the person, so its responsibility can pass from one owner to next.

Boundary Disputes – Some Maryland properties, particularly in older neighborhoods or rural areas, can have unclear or outdated legal descriptions, which can lead to disputes with neighbors over things like fence lines or driveways.

Here are a few less common issues that may arise: 

Undisclosed Heirs – In rare cases, unknown or missing heirs may come forward to claim interest in a probated property.

Fraudulent Title Transfers – Also rare, but forged deeds do get recorded sometimes, which requires a legal challenge to restore clear ownership.

Unreleased Mortgages or Deeds of Trust – In rare instances, after a mortgage is paid off, the lender will fail to record the release.

If you are concerned that one of these issues may affect your property, consider contacting an experienced real estate attorney for guidance on how best to fix the issue. For a free, confidential conversation to discuss property deeds, contact Maryland real estate attorney Stephen J. Reichert at 410-299-4959 or sreichert@reichertlegal.com.

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