Buying a new home in Delaware is exciting, but it comes with its challenges, particularly regarding the property’s title. A clean title is crucial for a smooth transaction. Understanding common title issues can prepare you to handle them effectively should they arise.
Unresolved liens
A lien is a legal claim on property made to secure the payment of a debt. If the previous owner had debts from contractors, tax authorities, or creditors, these liens could transfer to you if they are not resolved before purchase. Always ensure the title is clear of any unresolved liens to avoid unexpected financial responsibilities.
Boundary and survey disputes
Discrepancies in property boundaries can lead to disputes with neighbors. You should conduct a survey before purchase to confirm the property lines. This step helps prevent disputes over where your property ends and the neighbors’ begin, ensuring you get what you pay for.
Undiscovered wills
If a previous owner passes away and they discover a more recent will after the sale, it could challenge your ownership. This makes it important to confirm that all wills are discovered and properly reconciled in the estate before you finalize the purchase.
Forgery and fraud
Unfortunately, title documents can sometimes be subject to forgery or fraud. These issues can arise from falsified deeds or fabricated seller identities, leading to legal challenges to your ownership. A thorough review by a title company can help detect such problems.
Incorrect public records
Clerical errors in public records, like misspelled names or incorrect property descriptions, can lead to significant issues in the title chain. These inaccuracies need correction before proceeding to ensure they do not affect your legal ownership.
Navigating these title issues requires diligence and attention to detail. Hiring professionals to conduct thorough checks can safeguard your investment. Taking the necessary precautions is a crucial step in your journey to homeownership.
