Title Issues That Can Derail a Real Estate Deal (and How to Resolve Them Quickly)

Buying or selling a home is exciting, but it can also be stressful. Most people expect the process to move smoothly once they find the right buyer or seller, but there’s one area that can stop a real estate deal in its tracks: title problems.

Title is the legal record of ownership of a property, and before a deal can close, it must be clear — meaning no hidden claims, errors, or disputes. Unfortunately, many transactions uncover title issues that need to be resolved before the property can legally transfer.

In this article, we’ll explain the most common title issues in Pennsylvania real estate deals and how experienced attorneys at McNickle & Bonner help clients resolve them quickly.

1. Outstanding Liens

One of the most common title problems is the discovery of unpaid liens — legal claims against the property. These can include:

• Unpaid property taxes

• Contractor or mechanic’s liens for work done on the home

• Judgments from creditors

Why it matters: A buyer doesn’t want to inherit someone else’s debt. Liens must be satisfied before a closing can take place.

Solution: Attorneys can negotiate lien releases, confirm payments, or arrange for the debt to be cleared at closing using sale proceeds.

2. Errors in Public Records

Clerical mistakes or filing errors can create headaches. Examples include:

• Misspelled names on deeds

• Incorrect property descriptions

• Missing signatures

Why it matters: Even small errors can cloud ownership and raise doubts about who legally owns the property.

Solution: An attorney can work with county recorders to file corrections, re-record documents, and ensure the legal description is accurate.

3. Boundary and Survey Disputes

Sometimes, neighbors disagree about where property lines are drawn, or a survey reveals that fences, sheds, or even driveways cross boundaries.

Why it matters: Buyers want certainty about what land they’re purchasing. Disputes can delay closing or lead to lawsuits down the road.

Solution: Lawyers can negotiate boundary agreements, resolve encroachment claims, or obtain updated surveys to clarify the property’s exact limits.

4. Heirs and Ownership Claims

If a property has passed through several generations, there may be heirs who were never properly notified or who still claim rights.

Why it matters: A missing heir could later surface and challenge the sale, putting the buyer’s ownership at risk.

Solution: Attorneys perform a thorough title search, identify potential heirs, and ensure proper legal transfers (often through probate court if necessary).

5. Easements and Restrictions

Easements give others the legal right to use part of the property — for example, utility companies, shared driveways, or private access roads. Restrictions may also exist through old covenants or homeowners’ associations.

Why it matters: Buyers may not realize their property comes with limitations or obligations. For example, you may not be able to build in certain areas.

Solution: Attorneys explain the impact of easements and restrictions and negotiate solutions if they interfere with the buyer’s intended use.

6. Undisclosed or Forged Documents

In rare cases, fraudulent activity may appear in the chain of title — forged deeds, false signatures, or improperly executed documents.

Why it matters: These defects can completely invalidate ownership rights.

Solution: Attorneys can challenge fraudulent filings in court and work to “quiet title,” establishing the rightful owner.

How Attorneys Resolve Title Problems Quickly

At McNickle & Bonner, we don’t just identify problems — we resolve them. Our process includes:

• Title Searches: Carefully reviewing the chain of ownership to find issues early.

• Negotiation & Settlement: Working with creditors, contractors, or heirs to clear disputes.

• Legal Filings: Correcting records, resolving probate issues, and filing quiet title actions when necessary.

• Title Insurance Guidance: Helping buyers understand coverage and protection for future claims.

Conclusion

Title issues can feel overwhelming, but they don’t have to derail your real estate deal. With the right legal guidance, most problems can be solved quickly and efficiently — keeping your transaction on track.

At McNickle & Bonner, LLP, we’ve helped countless Pennsylvania buyers and sellers resolve title disputes and close their deals with confidence.

Planning a real estate transaction? Don’t wait until the last minute to uncover title issues. Contact our team today