Title problems and survey problems are among the most common and most disruptive issues in New York real estate. Many property owners are unaware of them until they attempt to sell, refinance, transfer, or purchase a home. When these issues arise late in the closing process, they can delay or terminate real estate transactions, expose private property to competing claims, and result in significant financial loss.
Welcome to Aronow Law, P.C.
Welcome to Aronow Law, P.C., a New York-based law firm focused on bankruptcy, debt defense, foreclosure protection, and consumer rights. We help individuals and families understand their legal options when financial pressure starts to threaten their stability.
Our approach is grounded in strategy, not shortcuts. Title and survey issues are evaluated under New York law with a focus on clearing defects, restoring marketability, and preventing future legal exposure that can resurface years later.
The Legal Issue Explained
A property’s title establishes legal ownership and reflects the recorded chain of title, showing how ownership passed from one previous owner to the next. A survey defines the physical boundaries of the land and its relationship to neighboring parcels.
The title becomes “clouded” when ownership is uncertain or disputed. Title defects often arise from errors in public records, missing or improperly executed documents, unresolved liens, or mistakes involving a prior deed. In more serious situations, illegal deeds, fraud and forgery, or fraudulent transfers create competing claims and raise questions about who holds a valid legal claim to the property.
Survey problems typically involve boundary discrepancies, encroachments, or structures that do not align with recorded lot lines. These issues can lead to boundary disputes, zoning conflicts, easement disputes, or claims of adverse possession based on long-term use.
In New York, these issues most often arise during a title search conducted by a lender or title company as part of the underwriting and closing processes. Although they feel sudden, many defects have existed for years and only come to light when a transaction forces a thorough review of the public record.
How This Affects You in Real Life
Title issues and survey problems rarely remain theoretical. A defect can delay or cancel real estate transactions, prevent refinancing, or interfere with plans to transfer property to family members.
Unresolved liens or ownership disputes can block the issuance of title insurance, making lenders unwilling to proceed. Survey discrepancies can hinder development, lead to conflicts with neighbors, or impact the ability to purchase a home without inheriting legal risks.
When these issues surface late, property owners often lose leverage and are forced into rushed decisions that increase the risk of financial loss.
Options Available Under New York Law
Common Title and Survey Problems We See
Many of the common title problems and survey issues we encounter fall into recurring categories:
- An unpaid or unreleased lien on the property, including tax liens, contractor’s liens, or judgment liens
- Old mortgages that were paid but never properly discharged, including unreleased mortgages from a prior owner
- Errors in public records affecting legal descriptions or the chain of title
- Missing heirs or unresolved inheritance claims when property passes without clear probate documentation
- Outdated or inaccurate surveys reveal boundary disputes.
- Encroachments involving fences, driveways, sheds, or buildings crossing lot lines
- Easements or rights-of-way that were never disclosed or clearly documented
- Forged, fraudulent, or otherwise illegal deeds
- Title complications arising from tax lien sales or tax deeds
Any one of these issues can prevent a clean transfer of title unless properly resolved.
Legal Tools Used to Fix These Issues
Some defects can be resolved administratively through corrective deeds, affidavits of correction, satisfactions of mortgage, or coordination with a title company or title insurance carrier.
When ownership itself is disputed or multiple parties assert claims, a quiet title action under RPAPL Article 15 may be required. A quiet title action is a lawsuit that asks the court to declare who holds valid ownership and to extinguish any adverse claims. These cases often involve breaks in the chain of title, missing heirs, forged deeds, or challenges arising from tax sales.
In cases involving co-owned property where owners cannot agree on sale or management, a partition action under RPAPL Article 9 may be necessary. Partition actions frequently arise among heirs, former spouses, or business partners and often result in a court-ordered sale and division of proceeds.
Survey problems may require updated surveys, boundary agreements, easement clarification, municipal approvals, or court intervention when disputes cannot be resolved consensually.
Key Legal Considerations in New York
New York property law places significant weight on recorded documents. Resolving title issues typically involves correcting the public record itself, rather than relying on informal agreements.
Lien priority also matters. While New York generally follows a “first in time, first in right” rule, there are important exceptions. Real property tax liens typically have priority over other liens. Condominium common charge liens and cooperative maintenance liens may also enjoy statutory priority in certain circumstances.
Fraudulent conveyances present additional risk. Transfers made to hinder, delay, or defraud creditors can be challenged under New York Debtor and Creditor Law. They may be set aside years later, reintroducing title defects that can persist long after a transfer appears complete.
Timing matters. Issues addressed before a transaction begins are far easier to resolve than those discovered days before a scheduled closing.
Common Mistakes People Make
- Assuming title insurance automatically fixes all title issues
- Ignoring survey discrepancies that appear minor
- Waiting until the closing process is underway to address defects
- Relying on informal agreements instead of recorded corrections
These mistakes often turn manageable problems into urgent legal obstacles.
How Aronow Law Handles These Matters
At Aronow Law, title and survey issues are handled with a preventative, litigation-ready approach. The focus is on identifying defects early, selecting the most effective corrective strategy, and ensuring that fixes withstand future scrutiny from lenders, creditors, and courts.
This work often intersects with bankruptcy protection, estate planning, and asset preservation. Clearing title is not just about completing a transaction; it’s about ensuring a clear and accurate title. It is about protecting long-term property rights and reducing exposure to future disputes.
Schedule your FREE 30-minute consultation with attorney Darren Aronow today.
Frequently Asked Questions
Can title problems stop a property sale in New York?
Yes. Unresolved title defects can delay or prevent a closing.
Are survey problems always serious?
Not always, but even minor discrepancies can lead to boundary disputes or zoning issues if ignored.
Can old liens or mortgages still affect my property?
Yes. Unreleased liens or mortgages from a previous owner can still appear during a title search.
Do ownership disputes require court action?
Often yes. Quiet title or partition actions may be required to resolve competing claims.
Should title and survey problems be fixed before bankruptcy or estate planning?
Yes. Addressing title issues early prevents complications later.
