Common Title Problems in Western NY Real Estate and How to Fix Them

When buying or selling property in Western New York—including Rochester, Brockport, and communities in Monroe, Orleans, and Genesee Counties—one of the most important steps is the title search. This process confirms who legally owns the property and whether any claims, liens, or restrictions exist. Unfortunately, title problems are more common than many buyers and sellers realize, and failing to address them can lead to costly delays or even legal disputes.

At Klafehn, Heise & Johnson P.L.L.C., we regularly help clients resolve title issues to ensure smooth real estate closings. Here’s a look at the most frequent problems we see—and how to fix them before they derail your transaction.

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What Is a Title Problem?

Title problems occur when there’s a question about a property’s legal ownership or claims against it. These problems can surface during the title search—a required step in most real estate transactions. Title defects must typically be resolved before closing, since lenders won’t fund a loan on a property with unresolved ownership issues or outstanding claims.

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1. Unpaid Liens or Mortgages

One of the most common title issues is an unpaid lien—such as a tax lien, contractor’s lien, or even an old mortgage that was never properly discharged. These liens must be paid or cleared before the property can transfer to the new owner.

How to fix it: Your attorney can work with the lienholder to resolve the balance, obtain payoff statements, or file satisfaction documents to remove the lien from the record.

Need help clearing liens before your closing? Contact us today for guidance.

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2. Boundary Disputes

Discrepancies between property lines on paper and physical boundaries on the ground can lead to disputes with neighbors. These disputes often stem from old surveys or fences that were placed incorrectly.

How to fix it: A new survey can clarify boundaries, and legal agreements or boundary line adjustments can be negotiated to resolve conflicts. In some cases, quiet title actions may be required to formally establish ownership in court.

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3. Missing Heirs or Unknown Owners

Inherited properties can have multiple heirs, and sometimes not all are known or accounted for. If a property owner dies without a will, additional family members may have legal claims to the property—even if they’ve never lived there.

How to fix it: A thorough title search, combined with probate court proceedings, can identify and address claims from heirs. Legal documentation confirming ownership is essential before transferring title to a buyer.

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4. Errors in Public Records

Clerical mistakes happen—misspelled names, incorrect legal descriptions, or missing signatures in public records can cloud title. While these errors may seem minor, they can prevent proper conveyance of property until corrected.

How to fix it: Corrective deeds or affidavits can resolve these issues. An attorney ensures these corrections meet New York’s recording standards and are properly filed.

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5. Easements and Rights-of-Way

Easements give others the right to use part of your property—such as utility companies or neighboring landowners. While many easements are standard, undisclosed or disputed easements can create problems, especially if they affect future development plans.

How to fix it: Your attorney can review the title report, explain the impact of any easements, and help negotiate solutions, such as relocation or formal agreements.

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6. Forged or Fraudulent Documents

Although less common, forged deeds or fraudulent transfers can appear in a property’s history. This often happens in cases of identity theft or when signatures were improperly obtained.

How to fix it: Quiet title actions or litigation may be necessary to remove fraudulent documents from the record and confirm legal ownership.

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7. Unreleased Mortgages From Previous Owners

Sometimes previous mortgages remain on record even after being paid off. These unreleased mortgages create confusion about who has legal rights to the property.

How to fix it: Obtaining a release or satisfaction from the previous lender—or filing a court order—can clear the record and allow the transaction to move forward.

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Why Local Experience Matters

Title practices and recording procedures can vary across counties in Western New York. A local attorney familiar with Monroe, Orleans, and Genesee County clerk offices can streamline the process, address issues quickly, and communicate effectively with local title companies and lenders.

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How Klafehn, Heise & Johnson P.L.L.C. Can Help

Our firm assists both buyers and sellers in identifying and resolving title problems, including:

• Conducting thorough title reviews
• Clearing liens and negotiating payoffs
• Handling probate-related title issues
• Resolving boundary disputes and easement conflicts
• Preparing corrective documents and quiet title actions

By addressing these issues early, we help ensure your real estate transaction stays on schedule and free of last-minute surprises.

Schedule a consultation with our real estate team today to protect your closing.

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Legal Disclaimer

This article provides general information about title problems and real estate law in New York. It is not legal advice. For guidance specific to your property or transaction, contact Klafehn, Heise & Johnson P.L.L.C. in Rochester, NY. Portions of this content may be considered ATTORNEY ADVERTISING under 22 NYCRR Part 1200. Prior results do not guarantee similar outcomes.