Are you looking to sell your current home and buy a new one? Timing is the key to getting a good deal. Once you find one, you will naturally want the transaction to go as quickly and as smoothly as possible. But how exactly can you ensure that?
One of the things that you will need to look into is your property title. It is ideal for making sure that your property title paperwork is in order before you put your house on the market. Making sure that all the paperwork is updated and free of any potential problems will ensure that no problems will arise during the real estate transaction.
5 Potential Property Title Issues That May Cause Problems
Selling your house may be an exciting next step in your life. However, things may quickly turn sour if you encounter problems with your land title. Here are some common problems and issues with land titles that you should be mindful of.
1 - Land Registry Issues
When you sell your home, one of the aspects of the land title that will be scrutinized is the land registry portion. This part of the land title certifies that you are indeed the owner of your house and that you have the right to put it up for sale.
If you do not have your name on this part of the land title, it may put potential buyers off from placing a bid on the property. People who may be interested in the property may be hesitant to buy the property on the grounds of fear. They may be afraid that they will not be registered as the owner of the home later on since you, the seller, do not have your name on the title.
2 - Unregistered Land
Problems may arise if your property is unregistered. These days, only very few properties remain unregistered, and most of them are that way because the owners failed to register by the deadline. If you are in a similar situation, your solicitor may be able to arrange a late registration for your property.
If your property is considered unregistered land, it is a good idea to get on this as soon as you can. Until you get this problem resolved, you will not be able to sell your property, even if you already have a buyer who is willing to pay for it.
3 - Missing Deeds
Lost or missing property deeds are another problem that you may encounter. If your property is registered and there are no problems with the title, it may be fairly easy for you to get your hands on another copy of your deed. However, the real problem is when you have an unregistered property with a lost or missing deed, as it will be much more difficult to prove that the property truly belongs to you.
If you have lost your deed and your property has not been registered, talk to your solicitor. They will have to do the tedious task of gathering evidence to prove that the property is yours. Solicitors will have to recreate your title piece by piece using the evidence they gather. Only then will they be able to apply for a new copy of your title from the Land Registry.
4 - Restrictive Covenants
Restrictive covenants fall under a certain type of restriction that can affect your land in favour of another piece of land, usually right next to your property. One good example of a restrictive covenant that may adversely affect your property is when you start construction on your land without first consulting the owner of the neighbouring land.
If you had breached this restrictive covenant, your neighbour may be granted the right to have the construction of your property ceased. They may also file legal action to seek compensation because of this breach.
Potential buyers may become worried about this and how it will affect the sale. They may also be concerned about how to deal with the owner of the neighbouring property once the ownership is transferred to them.
Your potential buyers will be able to see on your registered title if there are (or were) any restrictive covenants placed in your title. If the restrictive covenant is not enforceable anymore, you will be able to prove it with supporting documentation.
5 - Easements and Issues Of Right Of Way
Any buyer will be interested to know about any issues concerning right of way. If there are parts of the property that are shared with any neighbouring houses or properties, it is important for buyers to know about these. For example, if there is a driveway, piece of road, or even some stairs that your property and the neighbouring property share (without any legal documentation that explicitly explains who has ownership of that piece of land), it may cause problems as you initiate the sale of your property.
No matter how friendly or amicable your neighbours may be, there is no assurance that no issues or problems will not arise because of these easements or issues of right of way. Potential buyers may grow worried about this and foresee potential issues forming because of right of way to the property.
It is important to face this problem before you even think about putting your property on the market. It may be possible to change the documentation as to the land you are selling. However, you may need to talk it over with your neighbour about this.
Before putting your home up for sale, it is crucial to ensure that there are no problems with the title of your property. If these problems go unsolved, they may cause delays in the process that will cost you time and money. There have even been cases where a sale was not able to push through because of property title issues.
This is why it is important to hire a solicitor and have them check all the paperwork for you and make sure that there is nothing wrong with your property title. You will avoid encountering any issues later on if you take the time and effort to ensure that your title is free from problems before even initiating the sale.
Whether your title has issues or not, it is a good idea to hire the services of a solicitor that specializes in real estate. They will be able to advise you on what to do about any legal issues that your property title has, and they can also tell you how to avoid these problems. Before putting your house on the market, the best first step is to find a reliable solicitor.
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