1. Which Property Right Is Actually in Dispute?
A missed closing and an unfamiliar lien raise different questions. Begin with the right at issue and the document behind it. State law usually governs; federal housing protections and local ordinances may also apply.
Tell a Contract Issue from a Title or Boundary Dispute
Contracts establish promises, deeds address ownership, and surveys locate boundaries.
- Sale: Read contingencies, disclosure forms, escrow instructions, and written notices.
- Title: Compare the deed's legal description with the preliminary title report and recorded interests.
- Boundary: Look at surveys, recorded maps, easements, and neighboring improvements.
A title report cannot locate a fence. Deed questions may require a property conveyance analysis.
Separate Liens, Loans, and Possession Rights
Occupancy is different from ownership, and liens do not confer a right to live on the property.
- Deed of trust: Identify the secured debt, borrower, beneficiary, and trustee.
- Lien: Check the creditor's claim, recording date, amount, and any recorded release.
- Possession: Review leases, occupancy agreements, payment records, and notices to vacate.
Identify the particular claim before selecting a remedy.
2. What Should Buyers and Owners Review before a Transfer?
Before closing, compare the agreement with the property records. Civil Code § 1102 and related sections require disclosures in covered residential transactions, subject to exceptions. A seller's disclosure, however, does not substitute for checking title or obtaining a survey when boundaries are uncertain.
Compare the Contract with Independent Records
An incorrect lot description or undisclosed easement may affect the transaction.
| Document | Question Worth Asking |
|---|---|
| Purchase agreement | Which contingencies and closing deadlines remain? |
| Deed and title report | Who conveys title, and what interests appear of record? |
| Survey or parcel map | Do improvements cross a boundary or easement? |
| Seller disclosures | Which conditions were disclosed, and what needs follow-up? |
| Security documents | Must a lien or deed of trust be released at closing? |
Purchase agreement
- Question Worth AskingWhich contingencies and closing deadlines remain?
Deed and title report
- Question Worth AskingWho conveys title, and what interests appear of record?
Survey or parcel map
- Question Worth AskingDo improvements cross a boundary or easement?
Seller disclosures
- Question Worth AskingWhich conditions were disclosed, and what needs follow-up?
Security documents
- Question Worth AskingMust a lien or deed of trust be released at closing?
If the records conflict, ask for supporting documents before accepting a proposed correction. The broader real estate transfer process also involves financing and escrow conditions.
Check the Proper County Office and Record Type
Recorders, assessors, and planning departments hold different records.
- Los Angeles County: The Registrar-Recorder offers record searches and copies through its designated services; public online access to real estate indexes is restricted.
- Orange County: The Clerk-Recorder provides an online grantor-grantee index for documents recorded from 1982 onward.
- Permit or zoning issue: Contact the city planning or building department, or the county agency for unincorporated land.
Under Civil Code § 1213, properly recorded conveyances generally provide constructive notice. Recording cannot, by itself, make an otherwise invalid transfer effective.
3. What Changes Once a Property Dispute Has Started?
Preserve each notice and record when, how, and from whom it arrived. Many private property disputes belong in Superior Court, but some begin before an administrative agency or involve independent federal claims.
Choose a Procedure That Matches the Claim
The remedy depends on the claim, evidence, and parties involved.
- Purchase contract: Examine breach allegations, required notices, and available contractual remedies.
- Competing title: Consider quiet title under Code of Civil Procedure § 760.010 et seq., including the interests that must be addressed.
- Foreclosure: Examine the deed of trust and statutory notices under Civil Code § 2924 et seq.
- Occupancy: Determine whether unlawful detainer applies or whether a separate possession or title claim is necessary.
Nonjudicial foreclosure can proceed without an ordinary civil judgment when statutory conditions are satisfied. Its notices deserve separate attention from a contract demand; see the foreclosure auction process.
Verify Venue, Service, and Local Requirements
Check the claim, service method, and governing rules before calculating deadlines.
- Superior Court: Confirm venue, the appropriate filing location, local rules, and service requirements.
- Eviction: A tenant personally served with the summons and complaint generally has 10 court days to answer; substituted or posted service changes the calculation.
- Local regulation: Check applicable tenant protections and city or county permit-appeal procedures before taking action.
In an unlawful detainer case, a landlord ordinarily needs a judgment and writ of possession before the sheriff carries out an eviction. A landlord cannot substitute a private lockout for that process.
4. Frequently Asked Questions
Can a buyer cancel after discovering problems during an inspection?
Possibly. The answer depends on the inspection contingency, notice requirements, and whether that contingency remains available. An unfavorable finding does not automatically permit cancellation.
Will title insurance pay for a dispute over a fence or property line?
Not necessarily. Coverage depends on the policy, exclusions, endorsements, and allegations. Many boundary issues require survey evidence even when a title policy exists.
Can an HOA limit renovations or short-term rentals?
Recorded covenants and properly adopted rules may restrict certain uses, subject to applicable law. Owners should check the governing documents and the specific restriction before proceeding.
Does mediation stop the deadline to file a property lawsuit?
Not automatically. An agreement or applicable rule may affect a deadline, but parties should verify that effect rather than rely on ongoing settlement talks.
5. Discuss Your Property Records with SJKP Attorneys
If your deed, contract, or notice tells a different story from the surrounding records, identify the conflict before making another commitment. SJKP's attorneys can review the documents, assess relevant legal issues, and discuss available transaction or dispute procedures. Contact SJKP with the records and any approaching dates for a focused discussion of your options.
17 Sep, 2026
