My Property Selling Expert - Legal and Title Issues

Title Search: Conduct a thorough title search to identify any existing issues. Common title issues include mortgages, unpaid property taxes, easements, and ownership disputes.
Legal Assessment: Consult with a specialist property Lawyer to understand the legal issues involved, such as Probate complications, boundary disputes, search issues, or planning problems.

Clear Charges and Encumbrances: Pay off any outstanding charges, such as unpaid taxes, contractor invoices, repayable grants, or mortgages. This often involves negotiating with creditors.
Resolve Ownership Disputes: If there are disputes over ownership, work with a Lawyer to resolve them. This may involve obtaining affidavits, declarations, or Court Orders to clear up the title.
Easements and Restrictions: Address any easements or restrictions that may affect the sale. This may require negotiation with neighbours or local authorities.

Title Insurance Policy: Purchase a title insurance policy to protect against future claims or disputes over the property’s title. This can provide peace of mind to potential buyers, but can be very expensive, particularly if a bespoke policy is required.

Probate and Estate Issues: If the property is part of an estate, ensure that the Grant of Probate has been obtained and that you have the legal authority to sell. This may require Court approval or the resolution of inheritance disputes.
Local Land Charge Issues: Ensure the property complies with local laws and regulations. Resolve any violations or non-compliance issues with the local authority.

Transparency: Be transparent about any past issues and how they have been resolved. This builds trust with potential buyers.
Professional Assistance: Hire an estate agent experienced in handling properties with legal and title issues. They can help market the property effectively and find the right buyers.

Disclose Issues: Legally, you must disclose any known issues to potential buyers. Provide documentation of how these issues have been resolved.
Buyer’s Title Insurance: Encourage buyers to obtain their own title insurance for added protection.

Document Everything: Keep detailed records of all actions taken to resolve legal and title issues, including receipts, court documents, and correspondence.
Consult Professionals: Work with a team of professionals, including a property Lawyer, a title company, and a knowledgeable estate agent, to navigate the complexities.
Flexibility: Be prepared for a potentially longer sales process. Flexibility and patience can help in resolving any unexpected issues that arise.

Charges: If there are charges on the property, negotiate with those parties to pay off or settle the debts. This could involve paying the amount from the sale proceeds.
Boundary Disputes: If there is a dispute over property boundaries, consider getting a professional survey and potentially negotiating a boundary agreement with neighbours.
Probate Complications: If the property is part of an estate, ensure all probate requirements are met, such as obtaining Court approval to sell the property and ensuring all heirs or beneficiaries agree to the sale.

Selling a house with legal and title issues can be complex, but with thorough preparation and professional help, you can successfully navigate the process and achieve a successful sale.
Contact My Property Selling Expert and let us guide you through the process

Legal and Title Issues