What is a Title Report?
By: The Naumann Law Firm
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What is a Title Report?
A title report is a record of ownership. It shows the historical data of a property. Such details would include ownership, liens, encumbrances, easements, and CC&Rs. The information within a title report comes from property records in the county where the property is located. On average, the history covered in a title report is about a 35 to 50-year period from the date the current owner received the title of the property.
Since the title report contains so much crucial information, it is extremely important as a board member of an HOA, or property owner, that you review the report carefully.
What should you check the title report for, in relation to construction defect issues?
- Check the title report to see if you have any maintenance responsibilities. Have a civil engineer review the ownership and maintenance responsibilities if necessary.
- Make sure you know who owns all parts of the property (individual properties or common area).
- Title report defines property lines.
- The title report lists any liens (property taxes, mortgage liens, mechanic’s liens, income taxes, judgements) against the property. The liens stay with the property not the past owner(s).
- The title report lists easements. For example, an easement grants access to a utility company to access its equipment. You want to find out what easements are on the title report, so you understand who has rights to your property.
- The title report details any CC&Rs (Covenants, Conditions & Restrictions), which are rules property owners need to follow if the home/property is part of an HOA (homeowners association).
The purpose of this report is to make you fully aware of your property and the current legal status of the property. The report shows if a sale can or cannot take place. Look for “hidden” liens, encumbrances, or maintenance responsibilities. You don’t want any surprises that will cost you later.
If you have questions about title reports, contact our team at the Naumann Law Firm. Our experienced attorneys can review the report with you.
If your new home has a construction defect in it, our team at Naumann Law Firm in San Diego can help represent you. To contact us, call 844-492-7474 or visit our San Diego construction defect contact page. We also work with clients in Los Angeles, Orange County, Riverside, San Bernardino.
To learn more about construction defects and the process, click our construction defect litigation page.