How to know if a house title is without problems

Feb 25, 2025 | Tips | 0 comments

How to know if a house title is without problems

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.

How to know if a house title is without problems

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.

How to know if a house title is without problems