You can follow the paperwork. You can file every document on time. And still, you can end up with a messy property dispute.
This is very common in property deals. Not because someone is being difficult, but because you or the other party overlooked just one more paper, or simply got bad legal advice.
Why not refresh your knowledge about common property disputes in California? Read this blog till the end and you’ll get the idea of what we’re talking about.
Flawed legal descriptions in deeds
You’d be surprised how many deeds in California still have mistakes in them.
Old land surveys, incorrect measurements, or miscopied legal descriptions are reasons for overlapped property lines. Sometimes, a fence or shed sits on land that technically belongs to someone else, or the boundary line is off by a few feet (enough to create tension between neighbors).
In some cases, title insurance doesn’t cover it. A real estate lawyer in California will compare historical records, review title chains, and work with a surveyor. If needed, they’ll go to court to fix the legal description through a deed reformation action.
Trust-related title disputes
Many homes in California are held in living trusts. It’s supposed to make things easier after someone dies. But sometimes, it does the opposite.
What if the trust was written 20 years ago and never updated? Perhaps it states “divide the property equally,” but doesn’t specify who will reside there, sell it, or maintain it in the meantime. Conflicts like these can tie up a property for years.
Real estate lawyers work alongside trust attorneys in such cases. They ensure that property transfers follow the correct legal path. They also help sort out conflicting interpretations before someone files a lawsuit.
Non-recorded agreements that backfire
People trust their neighbors and family. So they shake hands instead of putting things in writing.
Look at this common example: Two siblings inherit a home. One agrees that the other can live there rent-free. Years later, the one who moved out wants their share. The other says they were “promised” the house. Nothing was recorded in writing.
California courts won’t accept verbal property agreements. But lawyers sometimes use legal doctrines like estoppel or part performance to prove there was an agreement. It’s a complex process, but a skilled attorney knows how to build a narrative that holds up in court.
Adverse possession claims
This one gets a lot of attention, but few understand how it actually works.
Let’s say someone builds a shed that slightly crosses into your yard. Ten years pass. They claim they now “own” that portion through adverse possession. California law does allow it under very strict conditions, such as continuous, hostile, and open use without permission for at least five years, plus payment of taxes.
Most claims fall apart, but they still delay sales and scare buyers.
A real estate lawyer in California will gather proof, review property tax records, and prepare to either defend or defeat the claim.
Quiet title disputes from tax sales and foreclosures
Buying a property at a tax sale or foreclosure auction doesn’t mean you’re safe.
Previous owners or lienholders may show up later. A distant heir challenged the sale, or a trustee failed to notify someone. These gaps create “clouds” on the title, which stop new owners from refinancing or selling the property.
To fix this, lawyers file a title action. It’s a lawsuit asking the court to officially declare who owns the property. Done right, it clears the title and puts any future disputes to rest.
Overlap between probate and real estate law
Property disputes after someone’s death sit in a legal gray area.
For example, a parent added one child to the title but said “everything gets shared” in their will. Or the house was in joint tenancy, but one owner died without updating the deed.
A lawyer with experience in both probate and real estate law can catch issues before they turn into full-blown litigation. They’ll verify how the title was held, whether it reflects the trust or will, and what rights each party has prior to the home being sold.
Conclusion
Property disputes often begin quietly with a forgotten form, a missing clause, or an assumption that was never documented.
The longer you wait to fix them, the harder they are to untangle. Therefore, working with a real estate lawyer makes complete sense. For protection and to ensure the property you live in, rent out, or plan to sell doesn’t come with legal strings attached.
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