Investing in a new home is one of the most significant financial decisions you will ever make. The process can be exciting, but it can also be fraught with challenges. One such challenge involves potential title disputes. title disputes can pose a serious roadblock to a smooth home-buying process.
A clear property title is necessary to transfer ownership from the seller to you, the buyer. However, issues may arise that can put the title – and your home purchase – in dispute.
Recording errors
The first common area of title disputes deals with errors in public records. These may involve clerical or filing errors, which can affect the deed or survey of your property. These mistakes can cause financial strain as they can affect the ownership of the property.
Liens
Another common dispute arises from unknown liens. A previous owner’s debt or lien can become an unpleasant surprise. Even though the former owner sold the property to you, some debts may remain attached to the property and you might have to deal with them.
Boundaries and easements
Boundary and easement disputes are also common. You might think you know where the property lines are, but your neighbor or an official survey might disagree. Similarly, someone might claim a right to part of your property for a specific purpose, known as an easement.
Unknown property claims
Perhaps the most alarming disputes are those involving unknown claims. Someone might come forward claiming to have a right to the property. These can be former owners or heirs of former owners, or even someone with a forged deed claiming to be the rightful owner.
To navigate title disputes in Delaware, conduct a thorough title search before buying a home to reveal potential issues. You can get title insurance, which can help cover the legal costs if a dispute arises and can pay for your loss in case you lose the property to someone with a legitimate claim.
