How to know if a house title is without problems

Feb 25, 2025 | Tips | 0 comments

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How to know if a house title is without problems

To ensure a house title is free of problems, follow these steps:

Table of Contents

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.