How to know if a house title is without problems
To ensure a house title is free of problems, follow these steps:
1. Verify Title Ownership
- Obtain a copy of the title deed from the local land registry.
- Ensure the seller’s name matches the official records.
2. Check for Liens & Encumbrances
- Request a title search through a title company or local land records office.
- Look for mortgages, unpaid taxes, judgments, or other legal claims.
3. Confirm Legal Description & Boundaries
- Compare the title’s description with a land survey to ensure accuracy.
- Check for boundary disputes with neighbors.
4. Look for Restrictive Covenants & Easements
- See if there are restrictions on property use (e.g., HOA rules, zoning laws).
- Check for easements that allow others to use part of the property (e.g., utility companies, shared driveways).
5. Ensure Title Transferability
- Confirm the title is freehold (not leasehold, unless specified).
- Check if all previous sales were properly recorded.
6. Obtain Title Insurance
- Protects against unforeseen claims or errors in public records.
What is one of the most common problems faced in a title search?
One of the most common problems in a title search is undisclosed liens on the property.
Why is this a problem?
A lien is a legal claim against the property due to unpaid debts, such as:
- Unpaid property taxes
- Unsettled mortgages
- Contractor (mechanic’s) liens for unpaid work
- Judgment liens from lawsuits
If these liens are not discovered before purchase, the new owner may become responsible for paying them off.
How to avoid this issue?
- Conduct a thorough title search through a reputable title company.
- Obtain title insurance to protect against hidden liens.
- Check with the local tax office and court records for any outstanding debts.
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