Do Deed Transfers need a Title Search?
Adding someone to your real property deed is a significant decision with long-term implications. We often get asked, “do deed transfers need a title search?” Here are some reasons to consider getting a title search:
Identifying Existing Liens and Encumbrances:
A title search reveals any existing liens or encumbrances on the property. These could include unpaid taxes, mortgages, or judgments. If you add someone to your deed without this knowledge, they could become liable for these debts. This could lead to financial strain and potentially legal complications.
Confirming Ownership:
A title search verifies that you have clear and undisputed ownership of the property. This is crucial because if there are any disputes or claims on your ownership, adding someone to the deed can complicate matters. You want to ensure that your title is free from any defects that could affect your legal standing.
Preventing Future Legal Issues:
Title searches help uncover any legal issues that could arise in the future. For instance, there might be covenants or restrictions associated with the property that could affect its use or transfer. Knowing these in advance allows you to address them before they become problematic.
Understanding Easements:
Easements are rights that allow others to use a portion of your property for specific purposes, like utility lines or access roads. A title search reveals any existing easements, ensuring that all parties involved are aware of these conditions before making changes to the deed.
Protecting Against Fraud:
Unfortunately, real estate fraud is a reality. A title search helps ensure that there are no fraudulent claims against your property. This protects your investment and prevents potential legal battles.
Simplifying Future Transactions:
If you plan to sell or refinance your property in the future, having a clear and clean title makes the process much smoother. Any issues discovered later could delay transactions or complicate negotiations. Conducting a title search now ensures that your property’s title is in good standing.
Contact Gentile Property Law Office
If you would like to further discuss, please email joseph@gentileproplaw.com. An experienced attorney will get back to you and can prepare the deed, handle the notary signing and record the instrument with the appropriate office.
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