What Are Property Disputes, and Can You Look Up Past Ones?

Property disputes can lower a property's value, affect ownership, delay a sale, and affect peace of mind. When someone searches for it, they want to know if there are conflicts related to the property and how to resolve them before buying or living in it.

Common property disputes include boundary and property line issues, liens or foreclosures, conflicts with homeowners associations (HOAs), easement and access rights, and title or ownership disagreements. You can spot warning signals before purchasing a property or understand the risks if you already own the property.

What Is a Property Dispute?

A property dispute is a disagreement or conflict between two or more parties over the control, ownership, or use of a piece of real estate or a building. It may also arise from unclear property boundaries or disagreements with land use restrictions and local zoning regulations. 

The following are common categories of property disputes:

• Ownership and Title Disputes - Property ownership disputes involve competing claims to ownership, which may result from errors in recording deeds, unclear inheritance processes, or fraudulent or incomplete property transfers. They can occur when two or more heirs claim the same inherited property due to unclear probate records.
• Boundary and Property Line Disputes - These involve disagreements over property lines, which may be caused by vague property descriptions, outdated surveys, or encroachments by neighboring properties. For example, this type of dispute may arise when someone’s driveway crosses into another person’s property.
• Homeowner’s Association (HOA) Disputes - These occur where there are conflicts between homeowners and their HOA regarding fees, rules, or property use. A typical example is when an HOA fines a homeowner for building a fence taller than the association’s approved height.
• Liens and Foreclosure Disputes - These property disputes involve debts that may force the sale of properties. For example, such a dispute arises when a contractor files a lien, claiming a property owner did not pay for renovations. Another example is when a bank forecloses on a property for missed payments.
• Easement and Access Disputes - These disputes typically concern the right to use part of your land or space for utilities or access. For instance, a dispute may occur when a neighbor insists on using your driveway as their only road access.

How to Check If a Property Has a Past or Current Dispute

Buying a property that is under dispute can cause mental stress and financial loss. While not all property disputes are immediately apparent, most leave a trail in public records. Before acquiring a property, you can take the following steps to check for current or past disputes:

• Conduct a Title Search - A preliminary title report is one of the best ways to confirm if there is any dispute involving a property. Ordering a title search may help you uncover unresolved property ownership claims or liens.
• Check the Deeds - You can search for ownership changes (deed transfers) to verify a clean title history at the County Deed or Recorder’s Office or obtain recorded judgments, pending lawsuits, or recorded liens. Additionally, court-ordered deeds, executor deeds, or quitclaim deeds may indicate past property disputes.
• Check County Assessor Records - You can review the assessor's records to confirm that property ownership matches deed records. If not, this may suggest past disputes. Also, review the property records for tax delinquencies, as these often lead to foreclosures or disputes.
• Look Up Court Records - Use online case search portals to search for lawsuits under the property address or owner’s name. Check for boundary disputes, foreclosure filings, quiet title actions, or HOA cases.
• Review HOA Records or Talk to Neighbors - Residents can provide informal but important insights into any known current or past disputes involving a property. You may also request records of any pending or past HOA disputes from the HOA and check for any restriction violations or unpaid dues tied to the property.
• Look Up City Records - Search city records for code violations or demolition orders that may have led to or could eventually lead to property disputes.
• Check Third-Party Websites - Search third-party websites like RecordsFinder for any lien linked to the property, which might indicate a current or past dispute.
• Check Utility Bills and Property Tax - Irregularities in the names printed on utility bills and tax receipts may indicate property ownership disputes.

Here is a quick checklist of important identifiers to gather before checking a property for current or past disputes:

• Owner name
• Property address
• Legal description
• Subdivision/Lot-Block
• Parcel number/APN (Assessor’s Parcel Number)

Property Dispute Examples You Can Spot in Records

Here are common property dispute examples, or signs that a property may be involved in disputes, which you may find in public or government records:

• A lawsuit in court records over a denied right-of-way.
• A property survey showing different lot measurements than those listed on the property deed.
• A notice of tax deed sale filing or foreclosure in the county recorder’s office or court.
• Multiple conflicting deeds filed for a property within a short time span, for instance, within months of each other.
• A title lawsuit filed in civil court over a fence line disagreement.
• A civil lawsuit between a property owner and HOA over unpaid fines or rule violations.
• A notice of a pending lawsuit recorded against a property.
• A lien filed by a contractor for unpaid renovation costs.
• A documented easement termination or modification indicating a past dispute between neighbors over utility or driveway access.

What to Do If You Discover a Property Dispute

Below are practical steps to take when you discover a property dispute, especially when considering a new purchase or conducting research:

• Confirm the dispute in public records to ensure the issue is real and not a resolved filing.
• Order a title search and compare the report with your findings in public records.
• Ask the owner or seller for written disclosures or copies of HOA letters, notices, or settlement agreements. These documents will indicate whether the property owner has been ignoring issues or proactively resolving them.
• Talk to neighbors or the HOA to confirm whether the property is in good standing. Neighbors may know about access or boundary conflicts.
• Document all your findings, keeping a timeline of each discovered document or piece of information, especially if you need to back out or negotiate.
• Know when to pause. If you are buying and believe the risk is worth it and not a deal breaker, negotiate a lower price. However, if the uncovered dispute appears serious, unresolved, and active, you may need to walk away.
• If you already own the property before realizing there is an existing dispute, determine whether it is serious or minor and decide on the next course of action (mediate, negotiate, or escalate).

FAQs 

How Can I Verify a Property Is Not Under Dispute?

You can check government databases and third-party sites like RecordsFinder for pending lawsuits, liens, and other cases involving the property or its owner. Then, conduct a title search to confirm the information found in public records.

Can I See Property Line Disputes Online?

It depends. You may find property line disputes online through county records if a quiet title action has been filed. If not, you may need to speak with neighbors to determine if there is/was a boundary dispute that did not go to court.

How Far Back Should I Search Ownership History?

Standard title or ownership history searches should cover at least 30 years, but most people check the last 10 to 20 years, where lawsuits or active liens are most likely. However, you can search a property's ownership history as far back as possible, depending on the specific circumstances and county, to determine the chain of ownership.

Are HOA Property Disputes Public?

Yes, HOA property disputes are public. For example, if the HOA sues a homeowner or files a lien for unpaid fines in civil court, those records are public. However, internal HOA conflicts, fines, or warnings are typically not public unless they result in legal action.