Buying your first home is an exciting time; an outward expression of financial success. Sadly, unresolved title issues can quickly force the process to come to a screeching halt. Unless you have performed a title search, you will likely be unaware of these issues until you later decide to sell. In an Allegheny County real estate closing, title issues may include outstanding liens, errors in public records, heirs and ownership claims, adverse possession, and easements. Fortunately, at Gusty Sunseri & Associates, PC, our Allegheny County real estate attorneys are prepared to find timely solutions to title disputes.
Outstanding Liens
A lien is a legal claim against a property, which must be resolved before title is transferred to a new owner. Mortgage liens are by far the most common, with a title search identifying outstanding balances and the applicable lenders for each loan. Once the seller’s mortgage is paid off, a mortgage satisfaction piece must be recorded at the Allegheny County Recorder of Deeds.
Errors in Public Record
A misspelled name, an error in the property description, or a missing date can prove disastrous when trying to clear title. Even public record errors caused by clerical issues decades ago may later become problematic. These potential defects could go undetected, which is why our legal team recommends that all homeowners purchase owner’s title insurance. While an owner’s policy is not mandatory in Pennsylvania real estate closings, it protects you in the event a title issue arises when you go to sell. This protects you from financial loss, with the title company agreeing to resolve any issues on their own dime prior to closing.
Heirs and Ownership Claims
If a property has stayed in the same family for years, then you are more likely to have undisclosed heirs later claim rights to the property. Besides conducting a thorough title search, you will also want to ensure that the deceased’s estate was probated appropriately. Again, obtaining the owner’s title insurance can protect you against potential property disputes.
Adverse Possession
In some cases, a person may claim property without having legal title. For instance, a trespasser who has continuously used the land for a certain period of time may file a claim to the property through adverse possession. Pennsylvania law allows a person to acquire title to a property if he or she can prove actual, visible, and uninterrupted use of the property for 21 years (in most cases). However, if a single-family home is located on less than one-half acre of land, then adverse possession may be claimed after only 10 years.
Easements
In certain circumstances, another party may have the right to use your property for a limited and specific purpose. For example, the utility company may be allowed a temporary easement to your property to repair a downed power line. Alternatively, a neighbor may be permitted to drive on your property to access a shared driveway. If you have any questions regarding whether or not you have a valid easement, you should contact our Allegheny County real estate lawyers.
Speak with Our Allegheny County Real Estate Attorneys Today
A title defect can cause delays in closing, which can be stressful when the purchase of a new home is contingent on the sale of your former residence. At Gusty Sunseri & Associates, PC, our legal team understands the anxiety that accompanies title issues. In some cases, resolving a title defect quickly may be essential to financial security. To schedule online or by calling (412) 968-0210 today.