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Title Disputes and Title Insurance Practice

Title Insurance Attorneys For Title Disputes, Uninsured Title Problems, and Boundary Disputes

Gibbs Giden Locher Turner Senet & Wittbrodt LLP (Gibbs Giden) represents property owners, buyers, sellers, lenders, title insurance companies, underwriters, title agents, escrow holders, and real estate professionals in title insurance claims, coverage disputes, and real estate title litigation. We also represent owners and buyers whose title problems are not covered by insurance, and we help neighbors resolve lot line and boundary line disputes early, often long before a lawsuit is needed.

Our attorneys handle both the transactional and the litigation sides of title matters from our offices in California, Nevada, and Arizona. That combination allows us to spot title problems before closing, resolve them quickly when they arise, and litigate when negotiation is not enough.

Title Insurance Help at a Glance

Title insurance claims and coverage disputes: We represent insured owners and lenders, and we also represent title insurers and underwriters.
Title problems insurance does not cover: We identify other sources of recovery and other ways to cure the defect.
Lot line and boundary disputes: We pursue creative, practical resolutions designed to avoid litigation.
Quiet title, easements, liens, and escrow disputes: Transactional and litigation counsel are available under one roof.

What Is Title Insurance and Why Is It Important?

Title insurance is a form of insurance that protects real property owners and mortgage lenders against covered financial losses caused by defects in the title to a property. Unlike most insurance, which addresses future events, title insurance generally protects against covered problems that already existed when the policy was issued, even if they are not discovered until years later.

An owner’s policy protects the owner’s insured interest in the property. A lender’s policy protects the lender’s insured security interest and does not give the owner the same protection. In every case, coverage depends on the policy’s terms, conditions, exceptions, and exclusions.

Common title defects and disputes include:

Ownership disputes: Conflicting claims to the legal ownership of real property.
Fraud and forgery: Fraudulent deeds, forged signatures, and improperly executed or recorded documents.
Mechanic’s liens: Claims arising from unpaid construction labor, services, or materials.
Lien priority disputes: Conflicts over the priority of mortgages, deeds of trust, judgments, and other liens.
Boundary and encroachment disputes: Disagreements over property lines, structures, fences, and improvements that extend onto neighboring property.
Easement disputes: Conflicts over access rights, shared driveways, utilities, and other uses of another person’s property.
Unpaid taxes and judgments: Outstanding obligations that may affect ownership or marketability of title.
Legal description errors: Inaccuracies or inconsistencies in recorded property descriptions.

Who Do We Represent in Title Insurance Matters?

Gibbs Giden represents both sides of the title industry and the people who rely on it:

Property owners and insureds: Pursuing coverage, challenging denials, and resolving title defects.
Buyers and sellers: Commercial and residential purchases and sales, preliminary reports, and closing issues.
Lenders: Loan and security documents and lien priority.
Title insurers and underwriters: Coverage analysis, defense obligations, and defense of breach of contract and bad faith claims.
Title agents, escrow holders, and real estate and mortgage brokers: Counsel and defense in escrow and transaction disputes.

How Do We Handle Title Insurance Claims and Coverage Disputes?

When a title problem surfaces, the first questions are whether the policy covers it and what the insurer must do about it. We represent insureds, title insurance companies, and underwriters in these disputes, which gives us a practical understanding of how coverage positions are evaluated on both sides. Our services include:

Evaluating title insurance claims and policy coverage.
Analyzing policy exclusions, exceptions, and defense obligations.
Prosecuting and defending title insurance litigation.
Defending title insurers against breach of contract and bad faith claims.
Representing insureds whose claims have been denied or underpaid.
Advising on strategies to resolve title defects and minimize potential losses.

What If Title Insurance Does Not Cover My Problem?

Many serious title problems are not covered by insurance. Gibbs Giden represents owners, buyers, heirs, and lenders who face title defects that a policy excludes, excepts, or never insured in the first place, and we look for every available path to cure the problem and recover losses.

Depending on the policy and the facts, title insurance may not respond because:

The problem is listed as an exception or exclusion in the policy.
The problem was created, agreed to, or known to the insured before the policy date.
The policy does not include extended coverage, so matters that a survey or inspection of the land would reveal, such as boundary lines and encroachments, are not insured.
The problem arose after the policy date.
The insurer denied the claim or offered less than the loss.
No policy exists because the property was acquired by gift, inheritance, quitclaim deed, or a private sale without title insurance.

When insurance does not cover the matter, we evaluate every other route, which may include:

Claims against sellers, prior owners, brokers, escrow or title agents, surveyors, contractors, or other responsible parties.
Quiet title and declaratory relief actions to establish ownership or clear a cloud on title.
Negotiations with adverse claimants, lienholders, and lenders to remove, release, or subordinate competing claims.
Corrective deeds, reconveyances, easement agreements, and other recorded documents that cure the defect.
Challenges to an improper coverage denial, including breach of contract and bad faith claims where the facts support them.
Review of other insurance and contractual protections that may apply.

The right path depends on the documents, the facts, and the timing, and some claims are subject to strict deadlines. The sooner an attorney reviews the problem, the more options usually remain available.

How Do We Resolve Lot Line and Boundary Line Disputes Before Litigation?

Lot line and boundary disputes are often personal, expensive, and avoidable. Gibbs Giden has deep experience resolving them, and that experience is the reason many of our boundary matters settle early, often long before a lawsuit is filed.

Boundary and lot line disputes we handle include:

Fences, walls, hedges, and landscaping placed on or near a property line.
Structures, driveways, pools, and other improvements that cross a boundary.
Conflicting surveys and unclear or erroneous legal descriptions.
Trees, roots, and maintenance disputes along a shared line.
Historic fence lines and long-standing use of a neighbor’s land.
Easements, shared driveways, and access rights.
Prescriptive easement, adverse possession, and agreed boundary claims.
Boundary problems discovered during a sale, refinance, or development.

Why Early Resolution Is Possible

Our approach is to understand the real problem and solve it, not simply to file a lawsuit. Because we have handled so many of these disputes, we can usually tell quickly how a court is likely to view the facts, and we use that knowledge to guide the parties toward a durable agreement. Neighbors usually have to live next to one another long after a case ends, so a resolution that preserves that relationship has real value.

Creative Tools We Use to Resolve Boundary Disputes

Not every boundary dispute calls for a court order. Depending on the property and the parties, we may propose:

Recorded boundary line agreements: These fix the line and bind future owners.
Lot line adjustments: These move a boundary by agreement through the local city or county process.
Land purchases, sales, or exchanges: Small strips of land can change hands to resolve an encroachment.
Encroachment agreements, licenses, and easements: These allow an existing improvement to remain on agreed terms.
Cost sharing and maintenance agreements: These address fences, walls, trees, and shared driveways.
Coordinated survey work: Licensed surveyors establish the line on a factual footing.
Mediation and structured negotiation: Our attorneys have seen how similar disputes end and can help the parties get there sooner.
Notice to title insurers: When the facts may trigger coverage, we put the insurer on notice early.

When Litigation Is Necessary

When a dispute cannot be resolved by agreement, we are prepared to litigate quiet title, encroachment, trespass, declaratory relief, injunctive relief, prescriptive easement, and adverse possession claims. A credible litigation team is often what makes early settlement possible.

Early action matters. Contacting an attorney before a fence is rebuilt, a structure is built, or a sale closes keeps more options open and costs lower.

Real Estate Ownership and Easement Disputes

Disagreements over ownership and use can interfere with sales, financing, development, and the enjoyment of property. We clarify and enforce property rights through negotiation, mediation, and litigation when necessary. Our attorneys represent clients in disputes involving:

Quiet title actions and competing ownership claims.
Prescriptive easements and adverse possession claims.
Easements, shared driveways, and access rights.
Disputes between adjoining property owners.
Legal descriptions and recorded property documents.
Probate litigation affecting real property ownership.

Mechanic’s Liens and Lien Priority Disputes

Liens and competing security interests can affect ownership, financing, and the ability to sell or refinance. Gibbs Giden represents property owners, lenders, title insurers, and other interested parties in matters involving:

Mechanic’s lien claims and enforcement.
Lien priority and competing security interests.
Mortgage and deed of trust disputes.
Subordination and equitable subrogation claims.
Bankruptcy matters affecting real property interests.
Challenges to the validity or enforceability of recorded liens.

Escrow Disputes and Real Estate Transaction Litigation

Title and escrow disputes frequently arise during the purchase, sale, or financing of commercial and residential property. We represent buyers, sellers, lenders, escrow holders, title agents, and real estate professionals in disputes involving:

Escrow instructions and disbursement of funds.
Alleged errors or omissions in real estate transactions.
Real estate and mortgage broker disputes.
Fraudulent conveyances, forgery, and forged documents.
Purchase and sale agreement disputes.
Claims involving escrow companies and title agents.

How Can Preventive Title Review Help Before I Buy or Lend?

Not every title issue requires litigation. Identifying problems before a transaction closes is often the least expensive way to resolve them. Our transactional attorneys assist with:

Reviewing preliminary title reports and identifying potential title issues.
Evaluating easements, liens, encumbrances, and exceptions to title.
Recommending extended coverage or endorsements when a policy would otherwise leave gaps.
Preparing customized loan and security documents.
Advising on commercial and residential purchases and sales.
Reviewing legal descriptions and recorded instruments.
Structuring transactions to reduce title-related risk.

What Is the Process for Resolving a Title Dispute?

Every title dispute presents its own legal and factual issues. We tailor our approach to the nature of the claim, the applicable policy, and the client’s goals.

Step 1. Review the documents. We review deeds, policies, preliminary reports, recorded liens, surveys, escrow documents, and other property records to define the dispute and the parties.

Step 2. Evaluate rights and coverage. We assess ownership interests, title defects, lien priorities, insurance coverage, and available remedies. When we represent insurers, we also evaluate coverage and defense obligations.

Step 3. Develop a resolution strategy. We determine the most practical approach, which may include correcting recorded documents, negotiating with adverse claimants, pursuing coverage, or reaching a negotiated agreement.

Step 4. Negotiate, mediate, or litigate. When informal resolution is not possible, we prosecute or defend quiet title actions, lien priority disputes, and title insurance coverage litigation.

Step 5. Protect property and financial interests. Our goal is a resolution that protects our clients’ rights, cures the title defect where possible, and limits future exposure.

Frequently Asked Questions About Title Insurance, Title Disputes, and Boundary Disputes

What does title insurance cover?

Title insurance generally protects owners or lenders against covered losses from defects in a property’s title that existed before the policy was issued. Depending on the policy, covered matters may include ownership disputes, forged documents, undisclosed liens, recording errors, and other title defects. Coverage is subject to the policy’s terms, exceptions, and exclusions.

What is the difference between owner’s and lender’s title insurance?

An owner’s policy protects the owner’s insured interest in the property, while a lender’s policy protects the lender’s insured security interest. A lender’s policy does not replace an owner’s policy or give the homeowner the same protection.

What can I do if title insurance does not cover my problem?

You may still have options. An attorney can review the policy and the facts to identify other responsible parties, claims against sellers or professionals, quiet title or declaratory relief actions, corrective recorded documents, and negotiated solutions with adverse claimants. Some of these options are time sensitive, so it is best to have the problem reviewed promptly.

Can I sue a title insurance company for denying my claim?

Depending on the circumstances, a policyholder may have grounds to challenge a denial of coverage. Potential claims may involve breach of contract or insurance bad faith. Whether a claim is viable depends on the policy language, the reason for denial, applicable law, and the specific facts.

What should I do if I discover a lien or ownership dispute after buying property?

Review your title insurance policy and promptly notify your title insurer in the manner the policy requires. An attorney can evaluate the title documents, determine whether coverage may apply, and advise you on available remedies.

Can title insurance protect against mechanic’s liens?

Title insurance may protect against certain mechanic’s liens, depending on when the lien arose, the policy’s coverage provisions, and any exceptions or exclusions. Construction-related liens deserve particular attention because lien rights may arise under state law even when a lien is recorded after a transaction.

What is a quiet title action?

A quiet title action is a lawsuit used to establish or clarify ownership or another interest in real property when competing claims create uncertainty. These actions may involve disputed deeds, liens, easements, boundary issues, or other claims affecting title.

How are lien priority disputes resolved?

Lien priority disputes decide which creditor or lienholder has the superior interest in real property. Priority often depends on recording dates, applicable statutes, and the nature of the liens. Resolution may require negotiation, title analysis, or litigation.

Can a lot line or boundary dispute be resolved without going to court?

Yes, and most should be. Many boundary disputes can be resolved through a recorded boundary line agreement, a lot line adjustment, an encroachment agreement or easement, a land purchase or exchange, a cost sharing agreement, or mediation. Attorneys with deep experience in these disputes can often help neighbors reach an agreement early, before significant litigation costs are incurred.

How do I find out where my property line actually is?

Start with your deed, the recorded subdivision or parcel map, and your title report. A licensed land surveyor can then locate the line on the ground. Fences, hedges, and walls are not always on the legal line, and an online parcel viewer is not a survey. An attorney can review the surveyor’s findings together with the recorded documents.

What is a lot line adjustment?

A lot line adjustment is a process, approved through the local city or county, that moves a boundary between adjoining parcels without creating new lots. When both owners agree, it can resolve a long-standing encroachment. Requirements vary by jurisdiction, so local rules and a title review should be checked first.

Can a title insurance attorney help before I purchase property?

Yes. An attorney can review preliminary title reports, identify liens and encumbrances, evaluate easements and legal descriptions, and advise on ownership or financing issues before closing. Early review can help buyers and lenders avoid costly disputes.

Who does Gibbs Giden represent in title insurance matters?

Gibbs Giden represents national and regional title insurance companies and underwriters, insured property owners, commercial and residential buyers and sellers, lenders, title agents, escrow companies, and real estate professionals. Our attorneys handle both transactional matters and title-related litigation.

Do all title disputes require litigation?

No. Some title disputes can be resolved through corrective documents, negotiation, insurance claims, or mediation. Other matters require litigation to establish ownership, determine lien priority, enforce insurance obligations, or resolve competing claims.

Why Choose Gibbs Giden for Title Insurance and Real Estate Litigation?

Title disputes often involve overlapping issues of real estate law, insurance coverage, secured transactions, construction law, and litigation. Gibbs Giden offers attorneys experienced in both the transactional and litigation sides of title matters. Our approach emphasizes:

Comprehensive legal analysis: We evaluate title documents, policies, property records, and competing claims.
Practical, creative solutions: We seek efficient resolutions that fit our clients’ financial and business goals, including resolutions that avoid litigation.
Litigation experience: We represent clients in complex real estate, title insurance, lien priority, boundary, and coverage disputes.
Preventive guidance: We help our clients identify and address title problems before they escalate.
Industry knowledge: We represent owners, lenders, insurers, underwriters, escrow companies, and real estate professionals.

Whether you face a disputed ownership claim, an unexpected lien, a denied or uninsured title problem, a lot line dispute with a neighbor, or a complex real estate transaction, Gibbs Giden can help you understand your options and protect your interests.

Contact Our Title Attorneys

To discuss a title insurance, title defect, boundary, or real estate dispute, contact:

Kyle Marks, kmarks@gibbsgiden.com

Richard Marks, rmarks@gibbsgiden.com

Gibbs Giden Locher Turner Senet & Wittbrodt LLP offices:

Los Angeles: 12100 Wilshire Boulevard, Suite 300, Los Angeles, California 90025. Telephone 310-552-3400.
Westlake Village: 2801 Townsgate Road, Suite 212, Westlake Village, California 91361. Telephone 805-261-1777.
Irvine / Orange County: 4 Venture, Suite 260, Irvine, California 92618. Telephone 949-287-8044.
San Jose / Silicon Valley: 101 Metro Drive, Suite 320, San Jose, California 95110. Telephone 669-209-7977.
Las Vegas: 7251 W. Lake Mead Blvd., Suite 450, Las Vegas, Nevada 89128. Telephone 702-836-9800.
Scottsdale / Phoenix Area: 9375 E. Shea Blvd., Suite 100, Scottsdale, Arizona 85260. Telephone 480-867-9966.

Visit our Contact Us page to connect with our team. This page provides general information only and is not legal advice. Results depend on the specific facts, documents, and law involved, and no outcome is guaranteed.