Why You Should Always Pull a Land (Property) Title Search
Basic information on a property title will include:
- The current owners' name: In the event of an estate sale, probate may or may not have been completed and your real estate agent will ensure the person selling the property does have power of attorney. In the event, there is only one person on the title in a marriage, a dower consent will also be needed to complete the sale.
- The Legal description: The municipal or mailing address is different from the legal description and includes a block, lot and Plan number.
- The amount of the last mortgage, any second or third mortgages or the original purchase amount at the time of purchase or there may be a nominal fee.
Other things which can be revealed on a property title search may include:
- Outstanding or owing property taxes, special assessments, delinquent condominium fees which have not been paid by the seller.
- Outstanding creditors including other financial institutions and businesses for things like unpaid vehicle loans, furniture stores, construction loans, personal loans, etc
- A lis pendens, which is normally added by a lawyer during divorce procedures and "freezes" the transfer of a property until all parties are satisfied.
- Easements and Liens from a third party, such as the municipality, utility company or Environmental liens, who may have rights to use part of your property.
- Covenants are restrictions on the land that can limit what can be built on it, where it can be built and from what materials it may be built. Breaching a covenant can have serious consequences so it is necessary to be aware of any covenants on your property.
It is important to pull the land title certifictae prior to writing an offer. If you wait until you go in to sign with your lawyer, it can cause closing delays.
