Karen Todd, Esq. Published on: 10/04/2024
Owning a home is a significant investment, and unexpected issues with the property's title can be stressful and expensive. Here are some common title issues and how to resolve them:
Errors in public records: These can be typos, mistakes in legal descriptions, or filing errors. A thorough title search can uncover these discrepancies, and a title company can help correct them.
Liens and judgments: These are legal claims against the property that must be satisfied before ownership can be transferred. A title search will reveal any outstanding liens or judgments, and the seller will need to pay them off before closing.
Encroachments: This occurs when a structure or improvement on one property extends onto neighboring property. An agreement with the affected property owner may be necessary to resolve the issue.
Heirship issues: If there are unclear or missing heirs to a previous owner, it can complicate the title. An attorney can help research and identify all legal heirs.
Missing or forged documents: Missing deeds or fraudulent paperwork can cast doubt on ownership. A title company can help track down missing documents or verify the authenticity of questionable ones.
Unpaid taxes or assessments: Outstanding taxes or homeowner association fees can create a lien on the property. These must be paid off before ownership can be transferred.
Easements: An easement gives someone the right to use part of your property for a specific purpose, such as access to a utility line. Understanding the scope and limitations of any easements on the property is crucial.
Fraudulent ownership claims: In rare cases, someone may try to claim ownership of the property fraudulently. Title insurance protects against these claims and can provide legal defense if necessary.
Here are some additional tips:
Hire a reputable title company: An experienced title company can help you navigate the complexities of title issues and ensure a smooth closing process.
Get title insurance: Title insurance protects you from financial loss if there are any problems with the title to the property.
By being aware of common title issues and taking steps to protect yourself, you can ensure a smooth and successful real estate transaction.
Mastering Communication