Common Title Issues

Problems with the title can get in the way of what you think will be a routine closing. Title companies report that they have to do some work to resolve title issues in roughly one-third of closing. Here are some common issues that could impact your closing.

Liens

When a property owner owes money, one way that someone can potentially collect is by placing a lien on the property that gives them an entitlement to sell the property to recover all or part of the debt. A lien is attached to the property, as opposed to being levied against a person. Therefore, the lien would pass with the property if it is not detected or resolved.

Unclear Boundaries and Easements

The neighbor may claim part of the property because the boundary between the two lands may not be clearly delineated. If the property borders on public lands, the government may claim ownership of part of the land. In a similar regard, there could be an unknown easement that gives someone the right to use the land for a particular purpose.

Missing Heirs

When the property is bequeathed by a will, the heirs may be unknown or missing. They may later assert their rights. They could be contesting the will, adding additional hurdles.

Illegal Deeds

The person who made a prior deed may not have been legally able to do so. A prior illegal deed would disrupt the chain of title. A prior owner may not have legally been able to take ownership.

Call a Boca Raton Real Estate Attorney

The attorneys at Rubino Findley can help with your closing, discovering any potential issues that may complicate matters and working to resolve them. To hire an experienced real estate lawyer, reach out to us online or call us at 561.220.8464.