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Why might I need to do a title search and secure title insurance?

| Sep 13, 2018 | Real Estate Transactions |

You’re eyeing a home and surrounding yard that looks just perfect for your Connecticut family. Financing seems a certainty, and on attractive terms. You’ve got the requisite down payment.

Is there anything else you need to be considering?

Actually, there is, as we noted in our immediately preceding blog post. We stressed in our September 10 entry that prospective buyers need to note the potential for – and adequately protect against when necessary – “home-linked problems that existed long before the most recent purchase” of a house.

That post from earlier this week also stated that many home buyers “simply assume that a home’s title is free and clear.”

They shouldn’t. In fact, it is somewhat common for many older homes to have title-linked irregularities, with select problems going back far in time and related to the acts or omissions of previous owners and other third parties.

Here are just a few examples. Perhaps a still-living individual you don’t even know was granted a life estate in the house you want to buy. Maybe it’s the case that some person or business owns property-connected rights, e.g., an ownership right to minerals or timber on the property. Perhaps there are outstanding liens that grant some interest to contractors, the IRS and/or municipal entities.

You would want to know and protect against that as a prospective buyer, right?

A thorough title search can’t erase most prior claims or irregularities linked with a home and property. However, a careful buyer who employs a proven real estate attorney to conduct a search and help secure relevant insurance can materially protect against any personal downsides tied to existing pre-purchase conditions.

Good insurance “will provide for the consequences of these events as they affect your ownership of the property,” states an overview of title searches and insurance.

An experienced Connecticut real estate attorney can provide relevant information.