A title search should be conducted to uncover any potential issue before a purchase takes place. This is true for land, residential or commercial transactions. It is also required during refinancing.
Title issues can come from several areas, and the consequences of not having a thorough title search can have real consequences, including lengthy and expensive legal exercises, the inability to use your property the way you wish to use it and more.
Below we list the more common issues that could come up in a title search.
There are several scenarios where wills can cause major issues when it comes to property ownership. For example, a person may die with no known will, heirs, etc. That property may subsequently be sold by a state or local government, only for a will to be uncovered years later. Any listed heirs may be able to challenge the ownership of that property and jeopardize your legal claim to it.
Similarly, disputing estates who wish to dispute an inheritance, for example, can later claim ownership rights of named properties. These issues can form well beyond the closing date of your home.
It’s not always clear what the financial position of a seller may have been or what outstanding debts may have remained after the sale of a large asset like a home or building. Entities may choose to place a lien on the property in question in an attempt to recover that debt.
While most properties have a survey on file, not all surveys are accurate, or other surveys conducted by neighbors may produce different property lines. This can especially be true with older homes where surveys were not standardized and might reference landmarks such as a rock or a tree that are long gone. These issues may allow neighbors or towns to lay claim on a portion of your land.
Along the same line, easements may exist on a property that may impact your ability to use the land or building as intended. For instance, you may have a water main under your property that would not only allow the utility company access to your land but will prevent you from building a shed, garage or driveway over it, as examples.
Public Record Issues
Another common issue can be issues with public record. These errors can alter surveys, deeds and more which can negatively impact the value of your home.
Unfortunately, property transactions can take place using falsified information, forgeries, etc. They can also be made by individuals who are not in a legal position to do so. This can include undocumented immigrants, minors, or individuals that are deemed mentally unfit to enter any legal agreement, as examples.
Title searches help to uncover all of these issues before any transaction, allowing buyers to move forward with their investment with confidence.
Need title work done for a residential of commercial transaction? Give our office a call and a member of our staff will be happy to assist you.