Circumventing potential problems with a property title

One of the most common issues that arise during a real estate transaction is one pertaining to the title. Disputes and defects with a title can have a negative impact on your goals, delaying closing and costing you more time and money. Handling these issues promptly and effectively are important for your bottom line.

As it relates to real estate transactions, a problem with a title can effect ownership of the property and affect your right to use your Delaware property as you see fit. It could also affect your ability to resale the property in the future. You may be surprised to learn that you do not have a clear title even after paying off your mortgage.

Potential problems with your title

There are various ways that a problem with your title could have a negative impact on your ownership of the property or with completing a real estate transaction. Some of the problems that may arise include the following:

  • Lien on the property: It could come as a surprise to you to find that there is a lien on the property you own or are attempting to buy or sell. This could impact your ability to have a free and clear title.
  • Covenant of record: This may happen if the original owner of your property made a promise to someone, such as the right to drive across the property, etc., which is then written into the deed.
  • Past ownership claims: This happens occasionally when a piece of land belongs to one family for generations or if no one is certain of the original owner of the land. It is possible someone unexpectedly could show up and make a claim to the land.

These unexpected challenges can be difficult to navigate and could complicate your efforts to purchase, sell or enjoy property you already own. When it comes to title disputes or defects, you would be wise to seek qualified guidance as you seek a beneficial outcome.

How can you protect yourself?

From the very beginning of the real estate transaction process, there are things you can do to minimize the chance that an issue with a title could have a negative impact on your objectives. From doing a title search to including contingencies in your contract, you can work with a knowledgeable professional who can help you protect your interests from the very beginning.

Issues with property titles can be complicated, but you do not have to walk through this process or fight for a beneficial outcome on your own.



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