Check for encumbrances on your possible purchase before buying a property. Any legal right that interferes with your ownership is referred to as an encumbrance.
What you will discover:
Request an Initial Title Search
Perform a Basic Title Search
Investigate the Property’s Complete History
How an Attorney Can Assist
Checking for encumbrances on your prospective purchase is one of the most critical things you should do when you decide to buy a property. An encumbrance is any legal right that in some way interferes with your ownership. A lien, for example, may be placed on the property to guarantee that a creditor receives his payments. though the payments are not received, he may confiscate the property, even though you do not owe him money. An easement, on the other hand, includes another person or perhaps a corporation that has a stake in how a portion of your land is utilized. You must be aware of them in advance since they reduce the total value of your home and may make it more difficult to sell later.
In most states, “fee simple” refers to an entire piece of property with no encumbrances. However, it is not as simple as checking to see whether the property description states that it is not passing as fee simple. Look to check whether the property has been split into parts, if a creditor has taken an interest in it, or if an interest has been given away via a will or other legal instrument.
Table of Contents
Request an Initial Title Search
In many places, you may get a preliminary title search from the seller at no additional expense. The preliminary title search only gives you a broad perspective, but it should provide you the fundamental chain of ownership. You should save this for when you do your own simple title search. Keep in mind that the preliminary title search is just that: preliminary. Do not depend only on this.
Perform a Basic Title Search
Your first trip should be at the local clerk’s office when you begin your quest. If the property you are interested in is in an area without a courthouse because it is in a tiny town, you will proceed to the county seat. Some counties have transformed them into online databases, but you may only be able to view them on computers at the courtroom or if you have acquired the necessary password and login credentials. In other states and counties, you may simply phone the clerk’s office and ask for the access information. It all relies on how the fundamental property and title information is organized in your state.
Investigate the Property’s Complete History
You face the danger of discovering a debt or easement related with the property if you do not know the whole history of the property. The most straightforward method is to begin from the beginning of the property’s documented history. You may then keep track of all the conveyances that the property goes through. Make a note of each partial interest in the property that is sold or given away. Make sure that interest is addressed in some manner, or else you should presume that you will not have an interest in the property.
How an Attorney Can Assist
If you want assistance at any point throughout the title search process, you should consult with a real estate lawyer. We can assist you in locating a lawyer so that you may purchase or sell your home with confidence.
