Every Texas property has a history. Title research can help ensure you understand any previous issues connected to the property. It can establish that the use and possession of the land are consistent with the documentation and identify defects in the chain of title. At Cook Nguyen & Ressler, PLLC, we often assist clients with a broad range of real estate services, including title research, deed preparation, closings and inspections.
According to First American Financial Corporation, there are several title issues that you may not discover until after the transaction.
- Unknown Liens – If you buy a distressed property, liens for unpaid debts may exist. Even though the debt is not yours, you may have to pay them.
- Illegal Deeds – Even if the chain of title appears sound, several issues can affect past and present ownership. This includes minors without property authority to undocumented immigrants.
- Undiscovered Encumbrances – A third party may hold claim to part of the property or the entire parcel. Prior liens, mortgages, restrictions or covenants may affect your ownership.
- Boundary Disputes – Although you likely saw surveys of the property, others may exist. These surveys may show different boundaries, giving a neighbor claim to a portion of the property.
- Public Record Errors – Filing or clerical errors can affect the survey or deed of your property. Untangling the issues can result in financial strain.
- Forged Documents – Fabricated documents filed within public records can affect property ownership. Once discovered, you may find your property rights in question.
Although title insurance may provide protection from some problems, it is not always the case. An experienced real estate attorney can help you navigate the process of resolving the issues and ensuring you have clear ownership of your property. Visit our webpage for more information on this topic.