Hiatus
Definition and meaning of Hiatus in real estate.
A hiatus is an unintentional gap or space between two adjoining parcels of land that is not included in the legal description of either property.
In more detail
This anomaly typically occurs due to surveying errors, inaccurate legal descriptions, or conflicting boundary markers in older deeds. A hiatus can create serious title defects because no one technically holds clear title to the gap, which can lead to disputes over property lines, fences, or driveways.
When a boundary survey reveals a hiatus, the affected property owners must resolve the issue before a title insurance company will issue a clean policy. Resolution typically requires executing quitclaim deeds, obtaining boundary line agreements, or filing a quiet title lawsuit in court. Buyers should always review a current survey to ensure no such gaps exist before closing on a transaction.
Key facts
| Category | Legal, Titles & Closing |
|---|---|
| Cause | Surveying errors or faulty deed descriptions |
| Consequence | Title defects and potential boundary disputes |
| Resolution methods | Quitclaim deeds, boundary agreements, or quiet title actions |
A land survey reveals a three-foot-wide hiatus between two commercial properties, preventing the owner from selling their building until a boundary agreement is signed with the neighbor.
Frequently asked questions
What is the difference between a hiatus and an easement?
A hiatus is an unclaimed gap of land between properties, while an easement is a legal right to use a portion of someone else's documented property.
Will standard title insurance cover a hiatus?
Standard title insurance policies often exclude boundary issues that would be revealed by an accurate survey, which is why getting a survey is crucial for buyers.