Palm Beach Real Estate Title Dispute Attorney

Someone else’s name shows up on your deed, a co-owner stops cooperating, or a recorded document clouds a property you thought was settled, and now a sale, refinance, or inheritance is stuck. The Andrew M. Schwartz Legal Team handles business and real estate litigation across Palm Beach County, Broward County, and the rest of South Florida, and a Palm Beach real estate title dispute attorney is often the person who can turn a frozen property back into one that can be sold, financed, or divided.

Title fights in Palm Beach County rarely look the same twice. Some involve a recorded instrument that should never have been recorded. Others involve co-owners who bought together as investors and now want out, heirs who inherited a house and cannot agree on it, or an owner whose property was supposedly conveyed through a document they never signed. What they share is that a clear answer about who owns what has to come from a court, and the court process has its own timing, pleading requirements, and strategic choices.

How Florida Courts Resolve Competing Claims to Land

The main tool for settling ownership is the quiet title action under Chapter 65 of the Florida Statutes. Florida’s chancery jurisdiction lets a person claiming legal or equitable title to land ask the court to decide the question and enter a judgment that quiets it. The same chapter allows a complaint aimed at cancelling a conveyance or other evidence of title held by someone who is not the rightful owner, which is how a cloud on title gets removed from the record. When two or more people claim the same land under a common source of title, the court can sort out who holds what.

A few procedural features matter in practice. A quiet title complaint can be filed in any county where part of the land sits, so the case for a Palm Beach property belongs in the Fifteenth Judicial Circuit, which sits in and for Palm Beach County. The plaintiff generally must trace the chain of title back at least seven years before filing, unless the judge orders otherwise, which means the title history has to be assembled and understood before the complaint is drafted, not after. And where the dispute stems from an alleged fraudulent attempted conveyance, Florida law allows the case to proceed under summary procedure, with the court directed to advance it on the calendar. That can be a real advantage when a property is about to be sold or encumbered.

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

The Andrew M. Firm founder Andrew M. Schwartz has spent 37 years in litigation, admitted to The Florida Bar in 1989, with a career built around contract disputes, business divorces, and conflicts among partners, LLC members, and shareholders. He earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989. Title disputes often grow out of exactly those relationships: former business partners holding property together, co-investors who disagree, or family members who inherited real estate.

Andrew is joined by Senior Counsel Sundeep Nath, a Northwestern-trained litigator with years of experience in business and real estate cases in state and federal courts. The firm works as a true legal team, so everyone handling a matter knows the file, and a strict 24 hour return call policy applies when an attorney is in court. The firm is comfortable in mediation and arbitration as well as the courtroom, and tries to find the resolution that fits a client’s goals and budget rather than stretching a case out.

On the real estate side, the firm has a recent result that speaks to how contested property rights get decided: after a five-day bench trial in Broward County Circuit Court, the court issued a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. Many of our clients live in New York, New Jersey, or Connecticut but own property or a share of a property in South Florida; we handle the local court appearances so they do not have to travel for every hearing. We also accept referrals from other attorneys, including out of state lawyers whose clients have Florida property problems.

Kinds of Title and Ownership Disputes We Handle

• Quiet Title Actions: A suit to have the court declare who owns a parcel and to extinguish competing claims, often used when old liens, deeds, or adverse claims prevent a sale or refinance.
• Clouds on Title from Recorded Instruments: A deed, lien, or other document that purports to convey or encumber your property and should be cancelled, including instruments recorded by someone who was never the rightful owner.
• Fraudulent or Forged Conveyances: Situations where a deed was signed by someone without authority or never signed by the true owner. Florida’s summary procedure for these cases can move them forward faster than an ordinary lawsuit.
• Partition Actions Between Co-Owners: When joint owners cannot agree, a court can divide the land or order it sold and the proceeds shared. These arise among former business partners, investors, siblings, and unmarried couples.
• Heirs Property: Land held in common by relatives who inherited it, where Florida’s Uniform Partition of Heirs Property Act gives family cotenants additional protections before a forced sale.
• Adverse Possession Claims: Disputes where someone has occupied land for years and claims ownership, or where an owner must defend against such a claim.
• Disputes Rooted in Failed Business Relationships: Property held by an LLC or partnership that is deadlocked or dissolving, where the real estate is the main asset in dispute.
• Purchase and Sale Contract Disputes: Failed closings and contract fights where the question is whether a buyer can compel the sale, which is the kind of dispute behind our specific performance judgment.

What to Do When Ownership of Your Property Is Challenged

Start by gathering the paper trail: your deed, closing documents, title insurance policy, any prior surveys, and every recorded document you can find that touches the parcel. The county’s official records, maintained by the Clerk, are public, and a title search will show liens, conveyances, and instruments you may not know exist. If something has been recorded that looks wrong, note when it was recorded and by whom. That detail often drives the legal theory.

Watch the clock, because different claims carry different deadlines. A claim on a written contract generally must be filed within five years, while an oral or implied contract claim has four. Rescission actions carry four years, and fraud claims have four years from discovery, subject to an outer limit of twelve years. Specific performance, which comes up when a buyer wants to force a closing, has only one year. And an action to recover real property is generally barred unless the person suing, or someone they claim through, was in possession within the previous seven years. If any of these periods might be close to running, that fact should shape how fast you act.

If you hold a property with someone and the relationship has soured, do not assume you are stuck. Co-owners who cannot agree can ask a court to partition the property. Before that point, check whether any agreement between the owners addresses what happens in a dispute, because that agreement can change the path. Do not transfer your interest, record new documents, or move money out of a shared property account in a panic; actions taken in the heat of a dispute are often the ones that complicate the case later.

Cases for Palm Beach County property are filed in the Fifteenth Judicial Circuit, with the main civil courthouse in West Palm Beach and branch courthouses in places like Palm Beach Gardens and Delray Beach. Circuit court hears disputes above the county court ceiling, and most title and partition cases belong in circuit court because they are equitable actions or involve significant value. If the property or a party is connected to Broward County, the Seventeenth Judicial Circuit, which sits in and for Broward County, may be involved, and federal court in West Palm Beach or Fort Lauderdale becomes relevant only when federal jurisdiction exists. Early on, we also look at whether an injunction is warranted to keep a property from being sold or encumbered while the case is pending.

Partition in Florida: Division, Sale, and Family Protections

Partition is the other major route when the question is not who owns the property but what to do with it. All partition actions in Florida are brought in chancery. The complaint has to describe the land, name the owners and where they live, state what share each holds, and include whatever else the court needs to decide the parties’ rights. Once the court enters a judgment of partition, it appoints three commissioners, chosen by the court unless the parties agree on them.

Where the commissioners find the land cannot be divided without prejudice to the owners and the court agrees, the court may order it sold at public auction to the highest bidder, with proceeds divided according to each owner’s share. The court may allow a sale on reasonable credit for good cause, but at least one-third of the purchase money must be paid down unless every party agrees otherwise. For ordinary investment properties and commercial parcels, a sale is the typical outcome because few buildings can be physically split.

Family-owned property follows different rules. Florida’s Uniform Partition of Heirs Property Act, found in the second part of Chapter 64, applies to partition actions filed on or after July 1, 2020. Heirs property generally means land held in tenancy in common with no binding agreement among the cotenants about partition, where at least one cotenant acquired title from a relative and a further condition applies, such as relatives holding twenty percent or more of the interests. When the court finds that property qualifies, it must proceed under that part of the statute unless every cotenant agrees otherwise. A judgment of partition in kind is not entered until the court is satisfied that the commissioners considered the statutory factors and concluded that dividing the land would prejudice the cotenants as a group. In practice, these protections mean a family member holding a small share is not simply pushed out by a buyout or forced auction.

Questions About Title Disputes in Palm Beach County

What is a quiet title action?

It is a lawsuit asking the court to declare who owns a piece of land and to cancel or extinguish competing claims. A judgment gives you a record that title companies and lenders can rely on.

What does “deraign title” mean, and why does it matter?

It means tracing the chain of ownership. A plaintiff in a quiet title action generally must establish title for at least seven years before filing, unless the court orders otherwise, so the documents have to be collected before suit.

Can I remove a recorded document that should not be on my property?

Often yes. Florida law lets a person file a complaint to cancel a conveyance or other evidence of title held by someone who is not the rightful owner, which clears the cloud from the record.

What if someone forged my signature on a deed?

A forged or fraudulent conveyance can be challenged in a quiet title case. Florida law allows these claims to proceed under summary procedure, and the court is directed to advance the case on its calendar, which can help when a sale or loan is imminent.

Which court hears a title dispute over a Palm Beach County property?

The Fifteenth Judicial Circuit, which sits in and for Palm Beach County. A quiet title complaint may be filed in any county where any part of the land is located.

How does a partition action end?

Either the court divides the land between the owners or, when division is impractical, orders it sold and splits the proceeds in proportion to ownership. Commissioners appointed by the court play a key role in deciding which result applies.

Can a co-owner force me to sell?

A co-owner can ask the court for partition, and if the property cannot be divided fairly, the court may order a sale. If the property qualifies as heirs property, additional statutory protections apply before a sale can be ordered.

How long do I have to sue over a written real estate contract?

Generally five years for a claim founded on a written instrument. Oral or implied contract claims have four years, and a specific performance action has only one year, so the type of claim matters.

Does adverse possession really happen in Florida?

Yes, but the requirements are strict. 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 also file a return with the property appraiser that includes a full legal description. Claims under color of title require continuous possession for seven years, and the instrument must be recorded with the clerk.

I live in New Jersey and own a share of a Boca Raton property. Do I have to come to Florida for hearings?

Not for most proceedings. We regularly represent clients from New York, New Jersey, and Connecticut, handle the local court appearances, and keep you informed at each stage.

Should I try mediation before filing suit?

Often it is worth exploring, especially among co-owners who still want to avoid a forced sale. Our attorneys handle mediation and arbitration as well as litigation, and we recommend whichever route best fits your goals and budget.

Serving Real Estate Title Clients Across Palm Beach County and South Florida

We represent property owners throughout Palm Beach County, from West Palm Beach and Palm Beach Gardens through Jupiter, Juno Beach, Riviera Beach, and Lake Worth Beach. Further south, our work reaches Boynton Beach, Delray Beach, Boca Raton, and Highland Beach, and westward into Wellington, Royal Palm Beach, Loxahatchee, and Belle Glade. Title and partition disputes in these communities involve everything from waterfront homes and condominium units to commercial parcels and investment land.

The firm also serves clients in neighboring Broward County, including Fort Lauderdale, Pompano Beach, Deerfield Beach, Coral Springs, and Hollywood, as well as owners elsewhere in South Florida. Many of the people we represent live in New York, New Jersey, or Connecticut and hold South Florida property, either directly or through a business relationship that has since broken down.

Talk With a Palm Beach Title Dispute Attorney

When ownership of a property is in question, the sooner the title history is reviewed and the right claim is identified, the more options you tend to have. The Andrew M. Schwartz Legal Team can evaluate whether a quiet title action, a partition case, or another remedy fits your situation and explain the realistic paths forward. If you are looking for a title dispute attorney in Palm Beach County, call us to schedule a consultation and tell us what is happening with your property.