Residential real estate title issue resolution

Real estate title issues can creep up at the most unexpected times. It is a home buyer’s responsibility to take necessary steps in insuring that a home has a clean title. In the excitement of a new home purchase, these steps can be overlooked and end up causing major problems.

There are several types of common title problems. First, there can be recorded liens against a property filed by creditors of the current owners. If these are not taken care of prior to finalizing a sale, they become the problem of a new owner, and can be very costly.

Second, a homebuyer should make sure that there is no other party who may show up to claim ownership of the home. This could be an issue when a property is purchased from an estate, or heir of the estate. Is there a long lost cousin to show up 3 years from now and claim his portion?

Third, there may be easements. These are very important to know about as they can restrict how a property is allowed to be used, as well as give access. For example, a power company may own an easement to the property in order to reach a power pole owned by them. As such, they are allowed access to the property at any time.

Other title issues to look for can include encumbrances, boundary issues, or public record errors. All of these can create major problems.

Always consult with a real estate attorney prior to finalizing the purchase of a new home. He or she can perform due diligence to make sure your enjoyment of it will be long lived.

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