Title curative issues can disrupt real estate transactions if not addressed promptly.
Identifying and resolving these problems is essential to ensuring a smooth transfer of property ownership.
Liens and encumbrances
Liens, such as unpaid taxes, contractor fees, or judgments, are common title curative issues. These claims must be resolved before a property can be sold. Sellers are legally required to clear liens before transferring the title to a buyer. Failure to address these encumbrances can delay or derail the closing process.
Boundary disputes
Boundary disputes often arise from unclear property lines or discrepancies in surveys. Neighbors may contest the rightful ownership of a section of land, leading to legal challenges. Obtaining a professional survey and resolving disputes through legal agreements or court orders is often necessary to clear the title.
Errors in public records
Clerical errors in public records can create significant title issues. Mistakes in deeds, mortgage documents, or tax records may cloud the title, requiring corrections to ensure accuracy. Addressing these errors typically involves working with the appropriate local or state authorities.
Missing heirs or ownership claims
Unresolved claims from missing heirs or previous owners can complicate real estate transactions. If a property’s ownership history is unclear, potential heirs or undisclosed parties may emerge with claims to the property. Ohio law requires proper documentation to establish clear ownership and resolve any disputes.
Ensuring a clear title
Title curative issues can pose significant challenges in real estate transactions. By identifying and addressing these common problems, buyers and sellers can avoid costly delays.