Title Issues in Tennessee: Common Problems and How They’re Cleared

Buying or selling a home in Tennessee is exciting, but title issues can quietly derail a closing if they aren’t caught early. From old liens to missing signatures, these problems are more common than most buyers expect. 

The good news? Nearly all title issues can be resolved with the right process and the right professionals involved. 

This guide breaks down the most frequent title problems in Tennessee, how they’re cleared, and why working with a trusted Tennessee title company matters.

Why Title Issues Matter in Tennessee Real Estate

A property title proves legal ownership. If the title isn’t “clean,” a sale can be delayed until the issue is resolved. In Tennessee, title problems often stem from long ownership histories, family transfers, divorces, estates, or older properties where records weren’t always perfectly maintained.

A Tennessee title company reviews public records to confirm who owns the property, identifies risks, and helps clear any issues before closing. Think of it as preventative care for your real estate transaction.

Common Title Problems Found in Tennessee

Unpaid Liens and Judgments

One of the most common title issues is an unpaid lien. These may include:

• Mortgage liens from previous loans
• Tax liens (federal, state, or local)
• Contractor or mechanic’s liens for unpaid work

Even if the debt belongs to a previous owner, the lien attaches to the property. Before closing, a Tennessee title company ensures liens are paid off or released so ownership can transfer cleanly.

Errors in Public Records

Clerical mistakes happen more often than you’d think. Misspelled names, incorrect legal descriptions, or missing documents can create clouds on a title. These errors may go unnoticed for years until a sale triggers a closer look.

Clearing these issues often involves filing corrective deeds or affidavits to officially fix the record.

Missing Heirs or Estate Issues

Properties passed down through families can be tricky. If a previous owner died without a will, ownership may be unclear.

This situation usually requires probate work or heirship affidavits to legally establish who has the right to sell the property. It’s one of the more emotional title issues, often tied to family history rather than paperwork alone.

Boundary and Survey Disputes

Sometimes the issue isn’t who owns the property, but where the property begins and ends. Conflicting surveys, fence lines, or driveway access can create disputes that show up during a title search.

These issues may be resolved through updated surveys, boundary agreements, or legal documentation clarifying easements and access rights.

Undisclosed Easements

Utility companies, neighbors, or municipalities may have legal rights to use part of the property. While easements aren’t always a deal-breaker, undisclosed or improperly recorded easements can surprise buyers late in the process.

A thorough title search ensures buyers understand what rights others may have before closing day.

How a Tennessee Title Company Clears These Issues

Comprehensive Title Search

The first step is a detailed review of public records. A Tennessee title company looks for ownership gaps, liens, judgments, and inconsistencies that could affect the sale.

Curative Work

Once a problem is identified, curative work begins. This might include:

• Coordinating lien payoffs and releases
• Drafting corrective deeds or affidavits
• Working with attorneys on probate or legal disputes
• Communicating with lenders, courts, and county offices

This behind-the-scenes work is often invisible to buyers and sellers, but it’s what keeps closings on track.

Title Insurance Protection

Even with a thorough search, some issues can remain hidden. Title insurance protects buyers and lenders from financial loss if a covered title defect appears after closing. It’s peace of mind that lasts long after the keys are handed over.

Why Early Title Review Makes a Difference

One of the biggest stressors in real estate is discovering title issues days before closing. Early title review allows time to resolve problems without panic or rushed decisions. Experienced professionals know what’s routine, what’s risky, and how long certain fixes typically take.

In many cases, issues that seem overwhelming at first are fairly straightforward when handled early.

Working with Rochford Law & Real Estate Title

Rochford Law & Real Estate Title combines real estate law expertise with comprehensive title services, helping buyers and sellers navigate title challenges with clarity and confidence. If you’re facing a complex title issue, our team can guide you through the process and keep your closing on track.

Contact us at Rochford Law & Real Estate Title to learn more about clearing title issues and protecting your investment.