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Attorney Ben Proto - The Musings of a Mad Lawyer

Wednesday, March 14, 2018

Real Estate Title Issues in Connecticut

Common Real Estate Title Issues in Connecticut 

A title is a legal right to the ownership of property. Unfortunately, it’s not uncommon for title problems to arise during the purchase or sale of real estate in Connecticut. Below is a list of some of the most common title issues that purchasers and sellers of real estate encounter during real estate transactions.
  • Public record errors - Clerical and filing errors occasionally present problems for the purchasers and sellers of real estate. When mortgage documents are incorrectly filed or lost, it can be difficult for a homeowner to obtain a title.
  • Lien issues – When the previous owner of a property had debt issues, it’s possible that a lien may have been placed on his or her property. A lien is the right to possess property belonging to another person until a debt owed to that person is paid. Outstanding liens can present major problems for the purchasers of property.
  • Claims of previous ownership – Upon the passing of a homeowner, his or her home typically goes either to an heir or to a person named in his or her will. However, if an individual to whom property has been promised cannot be located, then the home may end up being sold. Problems sometimes arise when an heir or beneficiary claims a right to possession following a sale of the property.
  • Easements – Easements, which are limited third-party property rights, are sometimes not disclosed to property purchasers, which is why it is important to search for them early in the home buying process.
  • Encumbrances – It is important to identify any encumbrances prior to completing a real estate transaction. Any encumbrances, which are interests in, rights to, or legal liabilities connected to a piece of property, need to be addressed prior to closing.
  • Property boundary issues – All potential property buyers should have a survey conducted prior to buying real estate, as it is important to have a clear understanding of the boundaries of the property being purchased. Property disputes can create unnecessary problems for homeowners, and values can be affected by inaccurate previous surveys.

Connecticut Legal Representation

Due to the myriad issues discussed above, it is imperative that clear title is confirmed by potential purchasers of real estate prior to closing. It is for this reason that the assistance of an experienced Connecticut real estate attorney should be sought prior to purchasing or selling real estate. Real estate transactions, whether residential or commercial, can be extremely complicated, and it’s important to ensure that no details are overlooked during the process. At the Law Office of Benjamin S. Proto, Jr., our experienced Connecticut real estate professionals keep both buyers and sellers apprised of their rights and duties as they navigate the residential and commercial real estate transaction processes. If you are interested in purchasing or selling real estate in Connecticut, please contact us for a free consultation.

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