Messy Title? The Most Common Problems and How We Fix Them

Most landowners never think about “title” until the title company calls and says there’s a “cloud on title” or an “unreleased lien.” Then the sale stops and the worry starts.

Two things are worth knowing right away. Most title problems can be fixed. And you usually don’t have to fix them yourself before you sell. Here’s a plain-English guide to the problems we see most on Tennessee land.

What Is “Title”?

Title is the legal record of who owns the land and what claims other people may have on it. When you go under contract, the title company searches the county records and puts together a title commitment. It lists past owners and anything recorded against the land, like loans, liens, judgments, and easements.

To close, the title needs to be “clean,” meaning nobody else has a claim that would pass to the buyer. Anything that gets in the way is called a cloud on title.

An Old Loan That Was Never Released

This is one of the most common. Someone paid off a loan on the land years ago, but the lender never recorded a release. On paper, the debt still looks open.

How it gets cleared: The title company contacts the lender, or whatever bank took it over, and gets a release recorded. Tennessee law backs this up: once a debt is paid and a release is requested in writing, the lender generally has 45 days to record it or face a penalty. If the lender no longer exists, there are other legal ways to clear it.

A Judgment Lien

If a court judgment was entered against an owner and recorded at the Register of Deeds, it can attach to their land. In Tennessee, a judgment generally lasts 10 years and can be renewed.

How it gets cleared: Usually the amount owed is paid out of the sale at closing or negotiated with the creditor. Sometimes the title company finds the judgment has expired or belongs to a different person with the same name, and it simply gets cleared from the record.

Back Property Taxes

All unpaid taxes, interest, and penalties must be paid for the sale to close.

How it gets cleared: The title company gets the exact payoff from the county and pays it out of the sale money at closing. You don’t write a check up front. See Behind on Property Taxes? You Can Still Sell Your Tennessee Land.

An Owner Passed Away

The deed is still in the name of a parent or grandparent who has died.

How it gets cleared: Depending on the situation, through probate, a shorter court process, or heirs signing the right paperwork. See Tennessee Probate and Your Land: The Short Version.

Several Heirs Who All Need to Sign

When land passes to several children or cousins, they are generally all need to sign.

How it gets cleared: Our team helps coordinate the paperwork, and each person can sign with a mobile notary at home. If the family doesn’t agree, see When Family Members Can’t Agree on Selling Inherited Land.

Name Errors, Bad Descriptions, or Gaps in Ownership

Misspelled names, property descriptions that don’t match the survey, deeds that were never recorded, or a missing link between owners.

How it gets cleared: Usually with an affidavit, a corrected deed, or by tracking down the missing document. See Mistakes on Your Deed? How Your Tennessee Land Can Still Be Sold.

Severed Minerals or Easements

Mineral rights sold off long ago, utility easements, or land with no recorded road access.

How it’s handled: Severed minerals rarely stop a sale and are usually just disclosed. Access problems affect price but can often be solved. See Who Owns What Under Your Land? Mineral Rights and Selling in Tennessee and No Legal Access to Your Land? You Can Still Sell It.

Land Bought at a Tax Sale

Many title companies won’t ensure land bought at a Tennessee tax sale right away. The former owner may still have a redemption period of 90 days to one year to buy it back, depending on how long the taxes were unpaid.

How it gets cleared: Usually by waiting out the redemption period, and sometimes by filing a quiet title case in Chancery Court, which asks the judge to confirm who owns the land. These cases often take several months.

What This Means for You

Every problem on this list is something our team works through regularly, and almost none of it requires much from you. We’ll tell you up front what’s on the title, what it will take to clear, how long it should take, and how it affects the offer. Your part stays the same: a phone call, verifying your ID, signing with a mobile notary, and choosing how you want to be paid.

Watch Out for This Tactic

Some buyers use title problems to cut the price after you’re under contract. They “discover” something two weeks in that was in the public record the whole time. Others say the land “can’t be sold” because they don’t know how to handle the problem. An honest buyer will tell you exactly what’s on the title before asking you to commit. For more on spotting dishonest buyers, read our guide from a retired law enforcement officer: How to Protect Your Land From Scams: A Retired Law Enforcement Officer’s Guide for Tennessee Landowners

This article is general information, not legal advice.

About Copco Properties

Copco Properties is Owned and Operated by a Retired Law Enforcement Officer and a Military Veteran. In law enforcement, when someone called with a problem, the job was to show up, listen, get the facts, and help solve it. We bring that same approach to land. Back taxes, inherited property, title problems, no road access: these are the situations we work through every day. Brent, our military veteran, served at Fort Campbell and brings the same commitment to doing the job right and seeing it through.

• No commissions and no hidden fees.
• Every sale closes at a reputable title company.
• We’re up front about everything, and we’ll explain every number and every step in plain English.
• No pressure. Take all the time you need.

If your Tennessee land has a title problem, call us at 615-610-3303 or fill out the short form on our website. Tell us what you know, and we’ll investigate the title ourselves and come back with a free, no-obligation offer.