Common Title Issues When Purchasing Residential Real Estate

 Posted on June 30, 2026 in Real Estate Law

When you buy a home, you expect to receive clear ownership of the property. But sometimes a title search reveals problems that can complicate or even derail the transaction. Title issues are more common than most buyers realize.

Knowing what to look for and having the right legal help can protect you from taking on problems that belong to someone else. If you are buying a home in Connecticut in 2026, a Stamford, CT real estate lawyer can review the title and make sure you are fully protected before you close.

What Is a Title Search and Why Does It Matter?

A title search is a review of the public records related to a property to make sure the seller has the legal right to sell it and that there are no outstanding claims or encumbrances attached to it. It looks at the chain of ownership going back many years and checks for anything that might affect your ability to own the property outright.

In Connecticut, title searches are a standard part of the home-buying process. They are typically conducted by a title company or an attorney before closing. The goal is to make sure the title is clean and that you will receive what is called a marketable title, meaning ownership that is free from serious defects and that can be transferred without dispute.

What Are the Most Common Title Issues in Residential Real Estate?

Several types of title problems come up regularly in Connecticut real estate transactions. Each one can create complications for the buyer if not addressed properly.

Liens on the Property

A lien is a legal claim against a property that is used to secure a debt. Common types of liens include:

• Mortgage liens from the seller's existing loan

• Mechanic's liens filed by contractors who were not paid for work done on the property

• Tax liens from unpaid property taxes or income taxes

• Judgment liens from court judgments against the seller

Under Connecticut General Statutes Section 49-92a, certain liens attach to real property and must be satisfied before or at closing. If a lien is discovered during the title search, the seller is typically responsible for paying it off before the sale can be completed. If certain liens are not resolved before closing, they may continue to encumber the property after the sale.

Errors in Public Records

A clerical error in a deed, an incorrect legal description of the property, or a misspelled name can create a cloud on the title. These errors may seem minor, but they can create confusion about ownership and make it difficult to sell or refinance the property in the future.

Correcting errors in public records usually requires filing corrective documents with the town clerk's office and sometimes obtaining a court order. An experienced real estate attorney can help you navigate that process.

Boundary and Survey Disputes

Sometimes the legal description of a property does not match the actual physical boundaries on the ground. This can happen when surveys are outdated, when neighboring properties have encroached on the land over time, or when fences and structures are not where the records say they should be.

Unknown Heirs or Ownership Claims

If a previous owner of the property died without a will or with an unclear estate, there may be heirs who have a legal claim to the property that has never been resolved. These unknown claims can surface long after a sale is completed and create serious problems for the current owner.

Easements and Restrictions

An easement gives someone else the right to use part of your property for a specific purpose, such as a utility company's right to run power lines across your land or a neighbor's right to use a shared driveway. Easements are not always visible and may not be obvious during a walkthrough of the property.

Deed restrictions are limitations on how the property can be used that were placed there by a previous owner or developer. They can restrict things like the type of structures that can be built, the use of the property for certain business purposes, or modifications to the exterior of the home.

Schedule a Free Consultation With Our Fairfield County Residential Real Estate Attorney

Title issues can sneak up on even the most prepared buyers, and resolving them requires experience and attention to detail. Our Stamford, CT real estate lawyer brings 40 years of legal experience to every transaction. He knows exactly what to look for in a title search and how to address problems when they arise. Whether you are buying your first home or your tenth, having the right attorney in your corner at closing makes all the difference. Contact Law Offices of Daniel P. Weiner at 203-348-5846 to schedule your free consultation today.