Unknown easements can also delay the clear transfer of title to the new owner. This is usually discovered when a survey is performed. Its existence must be made known to the new owner.
If the easement or property setback lines cause a disruption in plans for the new owner, such as putting in a new swimming pool, then the real estate transaction can go south in a hurry.
But the most common error is clerical. Clerical title defects are errors in public record. Because the recording process involves filing records and paperwork from a variety of sources, errors do occur.
The most common errors occur in the recording and the release of liens against a property. For example, when a lien is recorded against a property, a legal document is filed with the recorder’s office to show that the debt has been paid and the lien has been released.
Because this process is a multi-step one, it is not uncommon for it to be fraught with errors. A clerical error can lead to liens being filed in the wrong city or county or applied to the wrong property!
As you can imagine, this scenario can lead to major headaches for both the buyer and the seller.
Clerical Title Defects: Performing a Title Search
At Lilly Title & Settlement, we are your partner in ensuring that a clean title is conveyed. We’re obsessed with legal details so that you can enjoy a worry-free transfer of title ownership.
The Value of Homeowner’s Title Insurance: Future Worry-Free Ownership
For example, fraudulent transfers and forgeries, unknown or unsatisfied liens, unknown heirs, and illegal deeds, to name a few.
As your title company, we make sure your property has a clean title before you take legal possession. To protect you from fraudulent or illegal situations, homeowner’s title insurance is highly recommended.
Let us protect you from what has legally been recorded. Homeowner’s title insurance—a one-time fee—can protect you from the most common legal problems for as long as you own your home.
When you’re ready to close on your new home, turn to Lilly Title & Settlement. We’ll make it as easy as possible to get you into your new home!