Title Issues

Conflicts over property title arise when there is uncertainty, disagreement, or a defect affecting ownership of real property or the rights attached to it. These situations may involve title defects discovered during a transaction, after closing, or when competing claims emerge between parties asserting interests in the same property.

Fridmar Law represents buyers, sellers, property owners, investors, and other stakeholders in litigation involving title concerns and ownership conflicts. We assist clients in identifying the nature of the problem, assessing legal risk, and determining whether and how the matter can be resolved through negotiation or court proceedings.

Real-estate-title-disputes are rarely straightforward. Outcomes depend on the nature of the defect, how it arose, and how the parties respond once it is discovered.

How Title Issues Commonly Arise

"Title problems may surface at different stages of property ownership or transfer, including:

during a purchase or sale transaction

as part of a financing or refinancing process involving mortgage defence

after closing, when defects are discovered

when competing claims to the property emerge

when registration or documentation errors come to light

Some matters are administrative; others develop into complex ownership litigation."

Transactional Title Problems That Become Disputes

"Many ownership conflicts begin with issues uncovered through title searches or closing documentation.

These may include:

errors or omissions in registered instruments

undischarged or unexpected encumbrances

priority conflicts between registered interests

problems arising from incomplete or inaccurate registrations

disputes connected to closing adjustments or undertakings, including concerns related to fraud claims

While some title defects can be resolved cooperatively, others escalate when parties disagree about responsibility or legal impact."

Ownership, Boundary, and Competing Interest Disputes

Title matters may also involve disagreements over who owns or controls property, or what rights attach to it. These situations may include:

• competing ownership claims
• boundary disagreements between neighbouring properties
• easement or right-of-way conflicts
• claims involving co-owners or prior interests
• disputes over liens, charges, or other registered interests

Resolving these conflicts often requires careful analysis of historical records, registrations, and legal principles governing property rights.

Title Issues and Real Estate Transactions

"Title conflicts frequently intersect with other litigation matters, including:

APS breaches where defects affect closing obligations

failed transactions where unresolved issues prevent completion

mortgage enforcement or defence where priority is disputed

claims involving misrepresentation or disclosure

Identifying how ownership defects affect contractual obligations is often central to the case, particularly in matters related to commercial contracts."

Title Insurance and Expectation Management

Many property owners assume that title insurance resolves all ownership problems. In practice, coverage depends on the policy terms and the nature of the issue.

Title insurance may:

• cover certain losses arising from specific defects
• provide a defence in limited circumstances

However, it does not determine ownership rights or guarantee a resolution. Some conflicts fall outside coverage or require court involvement to resolve underlying claims.

Understanding what title insurance does — and does not — address is an important part of setting realistic expectations.

Why Title Issues Often Require Litigation

Some ownership problems cannot be resolved through documentation alone.

Court proceedings may be required where:

• parties dispute responsibility or entitlement
• competing interests cannot be reconciled
• registration errors have legal consequences
• ownership or priority must be judicially determined

In these cases, the court’s role is to clarify rights and formally resolve the property dispute.

Our Litigation Approach to Title Issues

Real-estate-title-disputes are fact-specific and often hinge on historical detail.

Depending on the circumstances, we may assist by:

• investigating the source and scope of the issue
• advising on legal exposure and available remedies
• coordinating with transaction counsel, lenders, or insurers
• negotiating resolution where possible
• litigating where clarity or enforcement is required

Our focus is on helping clients understand their position, manage risk, and pursue outcomes grounded in legal reality.