Law

Title Deeds & Property Transfers-All You Need to Know

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 Owning property is a dream come true for many. No matter the type of property, this comes with a sigh of relief, knowing that you’ll have passive income each month. However, the process of property acquisition is tedious and involves multiple steps. These include title searches, property inspection, transfer, and other vital steps. If buying a property, you should understand all the contract clauses to avoid disputes later on.

What should I know about title deeds and property transfer?

  1. A title deed is an official proof or property transfer.

 A title deed is a legal document transferring the rights of property ownership. It’s proof of transfer and should be legitimate. During property transactions, attorneys from the Mb Law firm conduct a search to determine if the property belongs to the said owner.

What’s more, the search will unearth any legal issues surrounding the property on sale. A title deed should contain information such as;

  • A brief description of the property
  • Signature of the seller
  • Information regarding the new property owner
  1. There are different types of title deeds.

The common types of deeds are;

  • General warranty deed
  • Quit claim deed
  • Special warranty deed

 A general warranty is the most common title and is used when the property owner is confident that the title is good and marketable. It’s common in residential property purchases, and it’s the best protection against ownership disputes.

Quit claim deed: A quit title deed is used when there are different unknown issues regarding the property that can create problems later on. This title still verifies the owner’s total interest in the property but offers no assurance that its valid and marketable.

Property abstract: An abstract gives details of property ownership with information that the title may have potential legal issues.

All the deeds are different and vary based on the warranties offered to the property owner. Nonetheless, the title deed acts as proof of ownership and transfers property from the seller to the buyer.

This means that your name should be included in the title during property transfer. This way, you will have all the rights regarding the ownership of the said property. In the case of a couple, both names should appear on the document, meaning you can’t transfer the property without consent from both parties.

  1. It’s risky to buy a property that’s not properly recorded

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The reason why a real estate lawyer conducts a search is to ascertain whether the title is valid. The expert also checks whether there are issues regarding property ownership. If the property isn’t recorded as required, there may be gaps in the title. In this case, the ownership may be questionable, making it unclear whether the person transferring the property has full ownership rights to do so.

 In summary, the title is a crucial document during property transactions. To avoid disputes, ascertain whether there are issues with the title and property ownership before signing the sale agreement. This works best when you engage an experienced attorney to offer the necessary legal guidance in the property acquisition process.

Eric Lilly
the authorEric Lilly