What Happens If Someone Says They Own My Property?

Have you ever found yourself in the most distressing situation where someone claims ownership of your property even though you thought you were the rightful owner? Whether it’s a disagreement over a property title, a boundary line conflict, or outright fraud, there are always those looking to take what isn’t theirs. However, having your property claimed doesn’t mean you’ve lost it for good.

In the United States, property ownership is governed by a combination of state real estate laws, county land records, and title documentation. Issues can arise from unclear deeds, title fraud, inherited property, or adverse possession claims. Therefore, landlords and property managers need to understand how to handle ownership disputes and maintain control over their properties.

So, with my over 20+ years of experience in property management, I will walk you through everything you need to know, from common causes of property ownership disputes to steps you can take to resolve them effectively. Also, in this article, I’ll cover what to do if someone falsely claims your property, and when to seek help from a real estate attorney or a property title company.

How Can Someone Falsely Claim Ownership of Your Property?

In real estate, it’s not uncommon for individuals to challenge your legal ownership through various means. Below are some of the most common causes behind property title disputes and ownership claims.

Forgery or Fraud

Falsely obtaining property ownership documents through forgery or identity theft is illegal. Unfortunately, some individuals attempt to register a forged deed or title, claiming the property as theirs without your knowledge or consent. If you suspect a fraudulent claim, gathering evidence and reporting the matter to the appropriate authorities is crucial.

Adverse Possession

If someone occupies and “uses” your land openly for the required possession period without your permission (usually 5-10+ years, depending on state laws), they may try to claim ownership through adverse possession. However, most states have strict requirements regarding adverse possession/squatter’s rights.

Mistaken Identity

In some cases, the claimant may genuinely believe they own the property due to a case of mistaken identity. This could occur if the property has changed hands multiple times and there is confusion regarding the rightful owner. It is crucial to verify the claimant’s evidence and compare it with your own legal documentation to determine the accuracy of their claim.

Heirship or Intestate Succession Issues

When a property owner passes away without a will (intestate), disputes can sometimes arise between legal heirs over the proper distribution of real estate assets like house and land. One heir may wrongly claim sole ownership. In such situations, legal processes such as probate may be necessary to determine the rightful heir and resolve the ownership dispute.

Boundary Issues

This could occur when neighboring property owners believe that a portion of your property belongs to them or vice versa. In such cases, it is advisable to consult a professional surveyor to determine the accurate boundaries and resolve the dispute cooperatively or legally if necessary.

Joint Property Ownership Dispute

Disagreements between co-owners are common cause of property disputes when the property is jointly owned by family members, business partners, or unmarried couples. These disputes often arise when one party wants to sell, rent, or renovate the property, while the other does not agree.

Previous Transactions or Agreements

Property ownership disputes may occur if previous transactions (such as an earlier sale, transfer, lien, loan, lease, or easement) or other legal agreements involving the property are not recorded properly.

What are Legal Framework and Rights Regarding Property Ownership?

Understanding the legal framework around property ownership is key to protecting your rights when you are facing a property ownership dispute. While laws vary by state, most real estate rights in the U.S. are built on a combination of state statutes, local land records, and common law principles that outline how ownership is acquired, transferred, and defended.

Property Titles and Deeds

The core of property ownership includes the property deed i.e. a legal document that proves who holds title to the real estate property. This could be a warranty deed, quitclaim deed, or special warranty deed depending on the state and the situation. Property deeds must be recorded with the county recorder or clerk’s office to officially establish ownership in public records.

Title Insurance

In most states, especially those following the race-notice statutes, recording your deed promptly protects your ownership from competing claims. Therefore, title search and title insurance are crucial during real estate transactions. They helps to confirm clear ownership and guard against potential title issues.

Property owners also have the right to:

• Defend their title through a quiet title action
• File a lis pendens to alert others of pending legal disputes
• Use mediation or arbitration for alternative dispute resolution
• Seek legal support from a real estate attorney in their state

What to Do if Someone Claims They Own Your Property?

If another party confronts you by asserting ownership of your property, here’s what you can do to protect your ownership rights and resolve the issue of disputed territory.

1. Verify Your Ownership Records

Make sure to have copies of your deed, title, property tax receipts, and other official ownership documentation readily available. Review these records with your real estate attorney to confirm the validity of your claim.

2. Notify Them in Writing

Send a formal written notification via certified mail to the claimant, informing them that you dispute their ownership claim and providing copies of your valid ownership records. Keep a record of this notification.

3. Mediation or Arbitration

Alternate Dispute Resolution (ADR) methods like mediation and arbitration allow both parties to work with a neutral third party such as a certified real estate mediator or arbitrator to negotiate and reach a legally binding agreement without lengthy litigation. It can save your time, reduce legal costs, and preserve relationships.

4. Consult a Real Estate Attorney

Do not directly confront or engage with the claimant without legal counsel. Get legal advice from a local real estate attorney to better understand your rights and the claimant’s assertions. They can advise the best actions to take.

5. Cease Property Usage or Trespassing

Do not allow the claimant or their associates access to use your property in any way without your permission. Contact local law enforcement immediately if they attempt to trespass into your territory, occupy, rent, or sell your property without authorization.

6. File Quiet Title Action

If necessary, your attorney can file a quiet title action in court. This legally establishes undisputed ownership by requiring the claimant to prove their assertion or relinquish any claim against the property. The court will review evidence from both sides.

7. Record Adverse Possession Prevention

In some states, you may be able to record an adverse possession prevention notice on the title stating that any occupation of the property is not by permission. This helps block potential adverse possession claims in the future.

How Do Authorities Handle Property Ownership Disputes?

If the issue escalates beyond initial notifications, authorities and courts will get involved to determine undisputed legal ownership:

Law Enforcement Response

Contact the non-emergency police line if the claimant trespasses or tries occupying your property without consent. Officers may issue a formal trespassing citation or warning. Repeated incidents could lead to arrest.

County Property Records

Contact your county property assessor, auditor, or recorder’s office. They maintain ownership records and title transfers and can review for any potential issues or fraudulent activity regarding the disputed property.

Court Hearing or Trial

At a quiet title hearing or trial, a judge will review both ownership claims and the presented evidence – like deeds, tax records, occupancy history, and witnesses. They will issue a judgment determining undisputed legal title and barring the losing party’s claim.

Establishing Rightful Ownership

If you’re found to be the rightful owner, the court’s judgment removes any legal basis for the other party asserting an ownership interest going forward. You maintain full control and usage rights of the undisputed property.

How to Prevent False Property Ownership Claims?

Preventing false property ownership claims is crucial for maintaining the integrity of property rights and avoiding legal disputes. Here are some proactive steps property owners can take to establish their ownership clearly, but they do not guarantee absolute prevention.

Record All Title Transfers

Any changes to the deed or title – like refinancing or transferring to inheritances – should be officially recorded with the county promptly. This creates a clear chain of your property ownership. Also, ensure that all details are accurate and there are no unauthorized changes.

Pay Property Taxes On Time

Failure to pay taxes could allow a tax lien sale or foreclosure, creating an opening for someone to assert a new ownership claim. Set up automatic payments if possible to avoid missing a deadline. In the worst-case scenario, someone else could even claim ownership by paying delinquent taxes and asserting “adverse possession.”

Inspect and Occupy Regularly

Regularly visit the property or hire a property management company to conduct periodic inspections to check signs of trespassing, enclosure, or unauthorized occupation. Promptly address any concerns that arise and notify neighbors of your ownership.

Obtain Title Insurance

Consider obtaining title insurance when purchasing a property. Title insurance protects against risks like unknown errors or liens in past transactions that could undermine your ownership claim. It will cover the legal fees and costs associated with defending your title.

Create Detailed Property Records

Compile records documenting ownership history, boundaries, usage, and improvements. Consider professional surveys, too. Detailed records make conflicts easier to resolve, but be cautious when sharing your property information.

Consult an Attorney Proactively

If you become aware of a false property ownership claim or suspect any fraudulent activity, consult with a qualified real estate attorney immediately. They can advise other steps to clearly establish undisputed title now and for future buyers or heirs.

Conclusion

Property ownership disputes can feel overwhelming. But understanding your rights, the legal framework, and your options for resolution can make all the difference. Whether it’s a conflict over title ownership, a joint property disagreement, a boundary dispute, or someone falsely claiming your home or rental property, the key is to act early, stay informed, and rely on the right legal tools.

Property law in the U.S. is complex but well-structured. Property owners have several legal pathways to assert their ownership and resolve disputes. Working with trusted professionals, like a real estate attorney, a title company, or a mediator, can help protect your investment and give you peace of mind.

At OKC Home Realty Services, we offer reliable property inspection and management support to give property owners like you the clarity and control you need. Contact us today to protect your investment and avoid costly disputes before they start.

FAQs on Property Ownership Disputes