WHAT DOES A TITLE SEARCH DO – PART II
Possible and common issues arising from a detailed Title Search:
A mechanics lien is another fairly common problem. If a contractor did work on a building and for whatever reason the owner didn’t pay what was owed, the contractor may file a lien to get his money.
A judgment lien is a legal ruling by the court, often due to unpaid bills or unpaid child support. Again, in order for that lien to be removed, the debt has to be paid.
Another issue can be something called an easement. There are two kinds of these: Easement Appurtenant and Easement in Gross. An Easement Appurtenant means someone else has the legal right to use or come onto part of the property. A good example would be a shared driveway between two house. Neither owner can block the other’s right to use that pace. An Easement Appurtenant passes with the land; you cannot decide to remove it once you take possession. An Easement in Gross is slightly different; it often involves something such as hunting or fishing rights, and it may not always pass to the next owner. However, it’s important for you as a buyer to know if such an easement exists.
An encroachment is the opposite of an easement. It means the owner of the property next to yours is encroaching on your property (or you may be encroaching on them). Fences, shrubs, and trees often create encroachments, and they’re often discovered during a title search, when the property’s boundaries are studied.
In many if not most cases, the issues raised by a title search can be dealt with quickly and usually for a small fee. However, this is why you need an expert firm like Title Guaranty of South Florida. They’ll make sure that when you pick up the keys, you have clear title to possession of your new property!