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When you are buying a home the things that are
foremost on your mind are finding just the right home and procuring the best possible financing. Title insurance is usually something you do not encounter until you are
several weeks into your purchase transaction. However, researching the legal
title of the property you are buying is of utmost importance. Many buyers
assume that they can do anything they want to do to and around the home and
the land the home sits on.
It may greatly surprise the buyer that there could
be title restrictions that limit how a property can be used and that these restrictions may dictate how the appearance of the home may be regulated.
Some of the most common restrictions mentioned in a title report are:
Liens,
Easements and Covenants & Conditions. It is very important to go over
your title report way ahead of the close of escrow date to find out what
these restrictions may mean to your enjoyment of your new property.
LIENS on a property are debts or other obligations such as a mortgage, unpaid federal and/or state taxes, unpaid child support (in some
states),unpaid homeowners' association fees or a mechanic's lien.
EASEMENTS give the right to one party to use someone else's land for a specific purpose. There are many types of easements and in general a
property owner cannot interfere with their intended use. One of the
most common easements is a utility company easement. An owner cannot
interfere with the utility's running new power lines or repairing broken pipes
even if
these actions might impact the property owner's landscaping. COVENANTS &
CONDITIONS (CC&R's) are often put in
place by developers of new
subdivisions and these CC&R's require property owners to maintain
their properties according to specified guidelines.
So, it is prudent to obtain a preliminary title
report at the beginning of your purchase transaction, to read it carefully and to contact the
issuing title company right away if there are title restrictions you need to
have clarified.
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