Eagan Real Estate Attorneys

You must meticulously examine title records to verify that the current seller has the exclusive right to transfer ownership.

If title defects or issues are discovered, we will work with all parties involved to resolve them as quickly as possible. In some cases, title defects cannot be easily cured. Should this occur, our Eagan real estate lawyers will walk you through all available options and timelines for resolution.

Examples of title defects that can jeopardize a real estate transaction include:

• Unresolved liens. If a previous owner of a property failed to keep up with their debts, one or more creditors may have placed a lien on the property. Liens must generally be paid and resolved before any sale of the encumbered property can take place.
• Issues with public records. Simple clerical mistakes, such as misspelled names or addresses, can cause serious delays and may require substantial financial resources to untangle.
• Title ownership issues. A deed may be considered “illegal” if it was made by someone who misrepresented their legal right to record it. This issue can jeopardize a prior owner’s right to transfer ownership and consequently create an irregularity in the property's chain of title.
• Boundary disputes. If an adjacent property owner has a land survey that conflicts with the seller’s survey, you may be unable to access and enjoy the disputed portion of the property.
• Newly discovered easements. When someone has an “easement” on a property, they have the legal right to use it in some way despite not owning that property. Prior owners may have granted easements to people, companies, or even governments that were not previously known or disclosed.
• Newly discovered encumbrances. Encumbrances can impact the transferability and potential uses for a property. Encumbrances are typically disclosed by the seller during negotiations, but a thorough title examination may identify additional liens, leases, encroachments, and other restrictive covenants.