A title defect is anything that can cause a title to be considered invalid or defective in some way. Some examples are:

• Invalid documents due to forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation.

• Failure of any person or entity to have authorized a transfer or conveyance.

• A document affecting title that is not properly executed, signed, witnessed, notarized, or delivered.

• Undisclosed or unrecorded easements not otherwise apparent on your land.

• No right of access to and from the land.

• A document executed under a falsified, expired, or otherwise invalid power of attorney.

• A document not properly filed, recorded, or indexed in the public records.

• Ownership claims by undisclosed or missing heirs.

• Defect arising from an improper prior foreclosure.

• Undisclosed restrictive covenants affecting your property.

Lien issues can also cause title defects. Some examples of lien issues are:

• Any statutory or constitutional contractor’s, mechanic’s, or materialman’s lien for labor or materials that began on or before the policy date. Talk to an attorney about your rights.

• Lien for labor or materials furnished by a contractor without your consent.

• A previous owner failed to pay

o a mortgage or deed of trust

o a judgment, tax, or special assessment

o a charge by a homeowners or condominium association.

• Other liens or claims that may exist against your title that are not listed in the policy.

In Nevada, a title defect refers to any issue that compromises the validity or legality of a property's title. Common defects include invalid documents due to fraud, forgery, or lack of proper execution; unauthorized transfers; undisclosed easements; lack of access to the property; and improper filing or recording of documents. Additionally, issues such as claims by missing heirs, defects from improper foreclosures, and undisclosed restrictive covenants can affect a title. Lien issues, such as those from contractors, judgments, taxes, or homeowners associations, can also create title defects. It's important to address these defects as they can affect ownership rights and the ability to sell or mortgage the property. In Nevada, title issues are often identified during a title search and can be resolved through legal actions such as quiet title actions or by obtaining title insurance. If you encounter a title defect, it is advisable to consult with an attorney to understand your rights and the potential remedies available to you under Nevada law.