Procedure of Title Verification
A search of the Title or legal description of the property is undertaken in most real estate transactions by the Attorney or a Title company. The Attorney/Title Company has to first go through the previous records of the property. The property might have “Chain of Titles”. The Attorney has to see whether there is any Encumbrance on the property.
Sometimes a Legal Heirship Certificate is also essential to determine the Title of the Property if there is more than one person as the owner of the property. It is essential to define the relationship of the owners. But this is generally done if the Owner of the property is a deceased person and that person has more than one legal representative. In such a case it is essential to show the relationship of the deceased and his legal representative. It also has to be checked whether any Objection has been raised on the Sale of the said property.
Title Verification Before Buying Any Property
The title search is thorough research of the property and review of all the property papers before investing, buying, selling, leasing of a property. It is a process where one is taking the reasonable and necessary steps and this may also include conducting the search in Registrar Office and reading through different Acts and Regulations.
The main purpose for Title Search and due diligence is to get an answer on following questions:
- Is the seller is the authorized owner to sell the property?
- Does he or she have the rights to sell the property?
- Is the property free from all the kinds of charges?
- What are the restrictions on the usage of the property?