New Jersey Title Dispute Lawyers
There are four forms of property titles:
- Fee Simple: each owner has an undivided interest in the entire property;
- Joint Tenancy with Right of Survivorship: each owner holds an undivided share in the estate, not subject to the rights of heirs;
- Tenancy in Common: each owner holds an undivided share in the estate, which passes by succession (no right of survivorship); and
- Tenancy in the Entirety: created by husband and wife.
When purchasing real estate in New Jersey, one has the right to receive a clear, marketable title to the property. In most cases, a buyer of property obtains a title examination and title insurance through a title company. Title insurance is required by banks to protect against claims by a third party against the property.
To mark the boundaries of the property, a buyer will often need a current survey, which is a drawing showing the property boundaries and the location of all of the buildings on the property. Title is transferred by way of a written deed at closing, which must be filed in a county recording office to protect the buyer or lender from rights of third parties. A deed can be a “Quitclaim Deed,” which is a transfer of title from one owner to another or when a piece of property is sold in a divorce, or a “Warranty Deed,” which warrants title against defects arising during the time the grantor has title.
In New Jersey, statute N.J.S.A. 2A:62-1 et seq. permits a person who is in “peaceable possession of lands in New Jersey” to settle disputes over the title to land. When title to land or any part is denied or disputed, or when a lien or encumbrance is asserted against the land, there is a process "to settle the title to such lands and to clear up all doubts or disputes," according to N.J.S.A. 2A:62-1. This is called an action to “quiet title” which can be tried by a jury.
Quiet title action can also be used to remove claims asserted through adverse possession, claims of heirs or representatives of deceased past owners etc.
Property title issues can arise during any real estate transaction. Our real estate attorneys have a track record of diligence to advise buyers or sellers and to review every transaction with regard to all of the state and local laws that apply, for a successful and clean transfer of title.Given the complexities in title disputes New Jersey, we advise you to contact one of our experienced real estate attorneys at 973-627-7300 at Einhorn Harris today. We handle real estate issues throughout New Jersey.