Learn about common title issues when buying a home from Cbus Title in Columbus, OH, and learn how to navigate them.
Buying a new home is an exciting time. You're probably thinking about paint colors, moving logistics, and maybe even that awesome housewarming party you'll throw. But before you get caught up in the excitement, it's crucial to understand a critical aspect of homeownership: the title.
A title is a legal document that proves ownership of a property. A clear title is essential for a smooth sale and to avoid future headaches. Unfortunately, various title issues can arise, potentially delaying or even derailing your purchase.
Liens: A lien is a legal claim against a property, usually due to unpaid debt. This can include mortgages, unpaid taxes, or even contractor bills. A lien on a property you're interested in must be resolved before taking ownership.
Easements: An easement gives someone the right to use a portion of your property for a specific purpose, even though they don't own it. Common examples include utility easements for power lines or access easements allowing neighbors to cross your land to reach theirs. While easements aren't always deal-breakers, knowing about them is essential, as they can impact how you use your property.
Boundary Disputes: Disputes over property lines can arise from inaccurate surveys or differing interpretations of legal descriptions. These disagreements can lead to costly legal battles and complicate your ability to build structures or make improvements on your land.
Unknown Heirs: If a previous owner died without a will and their heirs are unknown or can't be located, it can create a cloud on the title. This issue often requires legal action to resolve, potentially delaying your closing.
Forgery or Fraud: In some cases, titles may be affected by fraudulent activities like forgery or impersonation. These situations can be complex and may involve legal challenges to establish rightful ownership.
Errors in Public Records: Mistakes in public records, such as incorrect names, inaccurate legal descriptions, or missing documents, can create confusion and cast doubt on the validity of a title.
Judgments: If a previous owner had a judgment filed against them, it can create a lien on the property. This needs to be addressed before the title can be transferred.
Encroachments: An encroachment occurs when a structure or improvement on a neighboring property extends onto the property you're buying. This can include fences, sheds, or even driveways. Encroachments can lead to disputes with neighbors and may require legal action to resolve.
The good news is that you can take steps to protect yourself from these common title issues:
Title Search: A professional title search examines public records to uncover any potential problems with the title. This is a crucial step in the home-buying process and should be performed by a qualified title company.
Title Insurance: Title insurance is a policy that protects you from financial loss if a covered title issue arises after you purchase the property. It can cover legal fees and other expenses associated with resolving the problem.
Survey: A professional survey can help identify boundary lines, easements, and encroachments, providing valuable information about the property you're considering.
Legal Assistance: If you encounter a complex title issue, don't hesitate to seek advice from a real estate attorney. They can help you understand your rights and navigate the legal complexities of the situation.
Understanding these common title issues and taking the necessary precautions can help ensure a smooth and worry-free home-buying experience. Remember, a clear title is the foundation of secure homeownership, so don't overlook this critical aspect of your purchase.