Palm Beach Gardens Real Estate Title Dispute Attorney

The Andrew M. Schwartz Legal Team represents property owners, investors, heirs, and former business partners in Palm Beach Gardens and throughout Palm Beach County and Broward County when ownership of a piece of real estate is contested. A Palm Beach Gardens real estate title dispute attorney is often called in after something has gone wrong with a deed: a co-owner records a claim, a sibling asserts rights to an inherited home, a neighbor’s use of a strip of land hardens into a claim of ownership, or a lender and a seller disagree about who actually holds title.

Title problems rarely announce themselves politely. They surface when you try to sell, refinance, or close, and the title company tells you there is a cloud on the property. At that point the question is no longer abstract. Someone has to go to court, or negotiate from a position of strength, to clear the record.

Florida gives owners real tools for this, and each one has its own rules, deadlines, and traps. Choosing the wrong claim, or waiting too long to bring the right one, can cost an owner leverage that is difficult to recover.

Why Choose the Andrew M. Schwartz Legal Team for a Title Dispute

The Andrew M. Andrew M. Schwartz, the firm’s founder, has spent 37 years in litigation and has practiced in Florida since being admitted to The Florida Bar in 1989. He earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989. Senior Counsel Sundeep Nath, a Northwestern-trained litigator, brings years of business and real estate litigation experience in both state and federal courts.

The firm serves property owners in Palm Beach Gardens, West Palm Beach, Boca Raton, Fort Lauderdale, and the surrounding communities. Its real estate work covers partition actions, quiet title actions, title disputes, failed closings, and purchase and sale contract disputes, and it often involves co-owners who were once business partners or relatives. That overlap matters. A title fight between former partners is frequently a business divorce in disguise, and the firm’s background in partnership and LLC disputes shapes how these cases are built.

On the real estate side, the firm obtained a 32-page final judgment from a Broward County circuit judge after a 5-day bench trial, awarding its client specific performance of a commercial real estate contract. Cases like that turn on the exact wording of the agreement and the history of the parties’ dealings, which is the same kind of close document work that title disputes demand.

The firm practices as a true legal team, so everyone working on your matter knows the file. Calls are answered, and a strict 24 hour return call policy applies when the attorneys are in court. The firm also handles mediation and arbitration alongside courtroom litigation, and it looks for the resolution that fits the client’s goals and budget. Many clients own Palm Beach County property from out of state, particularly New York, New Jersey, and Connecticut, and the firm handles the local court appearances so they do not need to travel for every hearing. Attorneys referring Florida real estate matters are also a significant source of the firm’s work.

Types of Title Disputes We Handle

• Quiet Title Actions: When a recorded deed, lien, or competing claim clouds your ownership, Florida’s chapter 65 lets you ask the court to determine title and cancel the competing evidence of ownership. You generally need to trace your chain of title back at least seven years, and the case can be filed in any county where part of the land sits.
• Partition Between Co-Owners: Former business partners, siblings, and unmarried couples who own property together can ask the court to divide it or, when division is not practical, order a sale and split the proceeds under chapter 64.
• Inherited Property Disputes: Heirs who hold property as tenants in common may fall under Florida’s Uniform Partition of Heirs Property Act, which adds protections before a forced sale and changes how the court evaluates a request to sell.
• Adverse Possession Claims: A neighbor or occupant who has held land openly and exclusively for seven years may assert ownership, either with or without color of title. We represent owners defending against these claims and occupants who may have a valid one.
• Fraudulent or Forged Conveyances: When a deed was obtained through fraud or forgery, a quiet title action under chapter 65 can be pursued on an expedited summary basis, and the court is directed to move the case up on its calendar.
• Disputes Rooted in Business Breakups: Property held by a company or by partners personally often becomes the center of a fight when the relationship ends, especially where an operating agreement is silent or ambiguous about who keeps what.
• Failed Closings and Contract Disputes: When a buyer or seller refuses to close, the question of who is entitled to the property can become a title question, and remedies like specific performance may be on the table.

What to Do When Someone Challenges Your Ownership

Start by pulling together everything that shows how you came to own the property: the deed, the closing statement, the title insurance policy, any prior surveys, and any agreement among co-owners. If the property came to you through a family member or a company, gather the estate documents, the operating agreement, or the assignment that moved it. A title attorney can only build a chain of title as strong as the documents you can produce.

Next, find out what has actually been recorded. Palm Beach County’s official records are maintained by the Clerk, and a review of what has been filed against your parcel will often reveal the competing claim, a lis pendens, or a conveyance you did not know about. The North County Courthouse in Palm Beach Gardens is one of the Clerk’s local locations, though circuit civil cases in Palm Beach County are handled through the Fifteenth Judicial Circuit, and the main civil division sits at the courthouse in West Palm Beach. For property in Broward County, the Seventeenth Judicial Circuit hears the case, with civil matters at the Central Judicial Complex in Fort Lauderdale.

Do not sign anything from the other side, and be careful about continuing to pay taxes, insurance, or mortgage costs without documenting that you did so. Those payments can matter later if the court is sorting out credits and contributions among owners. If a co-owner or an occupant is threatening to sell, encumber, or transfer the property, speak with counsel quickly, because injunctive relief to freeze the situation is sometimes available while the case is pending.

Watch the clock. Several Florida deadlines bear on property cases. An action founded on a written instrument carries a five-year limitations period, an action to rescind a contract has four years, and a fraud claim has four years from discovery with an outer limit of 12 years. A suit to specifically enforce a contract has only one year. Separately, a suit to recover real property generally requires that the plaintiff or a predecessor held possession within seven years before filing. Waiting to see how things play out can quietly forfeit a claim.

The most common mistake is treating the problem as a paperwork annoyance until a closing is lost. Owners also lose ground by relying on a handshake arrangement with a co-owner that was never written down, or by assuming that a title insurance policy will cover every defect. Policies have exclusions, and the insurer’s obligations may not extend to disputes among the owners themselves.

How Partition and Quiet Title Cases Move Through Court

A partition case begins with a complaint that describes the land, names each owner and where each lives, and states the share each holds. All partition actions are heard in chancery. If the court orders partition, it appoints three commissioners, who may be agreed on by the parties, to evaluate whether the land can be divided fairly. When they report that division would prejudice the owners, the court can order the property sold at public auction and distribute the proceeds according to each owner’s interest. A sale on credit is possible for good cause, but at least one-third of the price must be paid down unless everyone consents otherwise.

The heirs property rules change this picture for property inherited among relatives. Where the statute applies, including situations in which twenty percent or more of the interests are held by relatives, the court cannot simply order a sale. A partition in kind is not entered unless the commissioners have weighed the statutory factors and found that dividing the land would prejudice the cotenants as a group. Those protections can give a family member who wants to keep the property meaningful leverage.

A quiet title case works differently. The plaintiff asks the court to declare who holds title and to remove the competing claim from the record. The court has authority to cancel a conveyance or other evidence of title held by someone who is not the rightful owner. Because the burden is on the party bringing the case to trace title, the quality of the documents and the title search drives the outcome. Where the underlying dispute is a fraudulent attempted conveyance, the faster summary procedure available under chapter 65 can shorten the timeline considerably.

In many cases the property is one piece of a larger fight. When co-owners also share an LLC or corporation, Florida law allows judicial dissolution on specified grounds, including deadlock that threatens irreparable harm and misappropriation or waste of company assets. Courts can appoint a receiver or custodian, and in an LLC proceeding they can order a purchase of the petitioning member’s interest. Coordinating the real estate claims with those entity remedies is part of how we approach these disputes.

Questions About Title Disputes in Palm Beach Gardens

What is the difference between a quiet title action and a partition action?

A quiet title action asks the court to decide who owns the property and to clear competing claims from the record. A partition action assumes the owners each have a legitimate interest and asks the court to divide the property or sell it and split the proceeds. One resolves who owns; the other resolves what happens when owners cannot agree.

How long do I have to bring a claim over a title problem?

It depends on the claim. An action founded on a written instrument has five years, rescission and fraud claims have four years (fraud measured from discovery, with a 12-year cap), and a specific performance action has one year. A suit to recover real property generally requires that you or a predecessor was in possession within the prior seven years. A deadline review should happen at the start.

Can someone take my property by adverse possession in Florida?

It is possible but demanding. Without color of title, the claimant must show actual, continued possession for seven years under a claim of title exclusive of any other right, and must file a return with the property appraiser that includes a full legal description. With color of title, seven years of continuous possession is also required, and the instrument must have been recorded in the county where the land is located.

Can I force the sale of a property I co-own with a former business partner?

Generally yes, through a partition action, subject to any agreement among the owners and any entity structure that holds title. The court may divide the land if that can be done fairly, or order it sold at public auction if not. Whether the property is held personally or through a company changes the analysis considerably.

What if the property was inherited by several relatives?

The Uniform Partition of Heirs Property Act may apply. When it does, the court must follow its procedures, which are designed to protect family owners from being pushed into a forced sale at a low price. Whether your situation qualifies depends on how title is held, how the interests were acquired, and the makeup of the owners.

Do I have to live in Florida to bring or defend a title case here?

No. Many of our clients live in New York, New Jersey, or Connecticut and own property in Palm Beach County or Broward County. We handle the local filings and court appearances and keep you informed so you do not need to travel for every proceeding.

Which court hears a quiet title or partition case?

These are chancery matters filed in circuit court. For Palm Beach County property, that is the Fifteenth Judicial Circuit; for Broward County property, the Seventeenth Judicial Circuit. A quiet title complaint can be filed in any county where part of the land lies. A federal court may be involved in cases that include federal claims or diverse parties.

Can a court stop a co-owner from selling or encumbering the property while we litigate?

In appropriate cases, yes. Temporary and emergency injunctions are tools courts can use to preserve the status quo, and a court may also appoint a receiver where assets are being wasted. These requests need to be supported by evidence and brought promptly.

Will my title insurance policy cover a dispute with my co-owner?

Not necessarily. Policies insure against certain defects in title that existed at the time of purchase, and they contain exclusions. A disagreement between owners over use, sale, or contributions is often outside what the policy covers. Reviewing the policy language is an early step in any title dispute.

Does a title dispute always end in a trial?

No. Many are resolved through negotiation, mediation, or arbitration, including buyouts among co-owners that avoid a court-ordered sale. We pursue the path most likely to achieve your goals efficiently, while preparing the case as if it may be tried.

If we reach a buyout with a co-owner, how is value decided?

Value is a negotiated or court-determined figure, and the method depends on the circumstances: an appraisal, competing appraisals, or a court-supervised process. In entity disputes, Florida’s corporate statutes contemplate purchases at fair value, with a 60-day window after the first election in the shareholder context for parties to agree on value and terms.

Serving Palm Beach Gardens and Surrounding Communities

We represent property owners in Palm Beach Gardens, including the neighborhoods along PGA Boulevard and the communities near the city’s golf and residential developments. From there our work extends north and south through Palm Beach County, to Juno Beach, Jupiter, Tequesta, Lake Park, North Palm Beach, Riviera Beach, and West Palm Beach, and west through Royal Palm Beach, Wellington, and Loxahatchee.

We also serve clients in Boynton Beach, Delray Beach, Boca Raton, and the communities between them. Across the county line in Broward County, we represent owners in Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, Plantation, and Hollywood. Whether the property is a single-family home, an investment parcel, a commercial building, or a share of a larger holding, the same title and partition principles apply, and we handle matters throughout Palm Beach County and Broward County and for clients from New York, New Jersey, and Connecticut who own real estate in South Florida.

Speak With a Palm Beach Gardens Title Dispute Lawyer

If someone is contesting your ownership, a co-owner will not cooperate, or a cloud on title is blocking a sale or refinance, the Andrew M. Schwartz Legal Team can review the documents and tell you which claim fits and how much time you have. As a Palm Beach Gardens real estate title dispute lawyer, we look for the resolution that protects the property and your budget, whether that is a negotiated buyout, a partition, a quiet title judgment, or a trial. Call our team to schedule a consultation.