14 Nov 2024 | 10 min read Real Estate & Property Law

Common Issues in Property Title and Deed Disputes

This article explores common legal disputes over property ownership, including boundary issues, title defects, and rights of inheritance, providing insights into how to resolve these conflicts.

Newton Kariuki Kamwana

Newton Kariuki Kamwana

Partner

Property title and deed disputes can arise over various issues, such as unclear property boundaries, title defects, and inheritance rights. This article begins by explaining the importance of a title search, a process that verifies property ownership and checks for any claims or encumbrances, such as mortgages or liens, which could affect the property’s transferability.


The article then delves into boundary disputes, often due to vague or conflicting property descriptions in deeds. Surveyors can be instrumental in clarifying boundaries, but legal action may be required if parties cannot reach an agreement.

Another frequent issue is title defects, such as an incomplete chain of ownership or forgery. Title insurance is a recommended safeguard, as it protects buyers from financial losses due to undisclosed defects. Lastly, the article covers inheritance-related disputes, where conflicting claims on a deceased person’s property can lead to legal battles. These disputes often require court intervention to establish rightful ownership.

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