What to Do If You Find a Title Issue During a Search?
- Team Beyond Title
- Feb 23
- 3 min read
Introduction
Discovering a title issue during a property search can be alarming, but addressing it promptly can prevent future legal and financial troubles. Property title issues can arise due to ownership disputes, unpaid encumbrances, missing documents, or errors in records. Knowing the steps to resolve these issues ensures a safe and hassle-free property transaction.
In this guide, we’ll discuss common title issues, how to resolve them, and preventive measures to protect your real estate investment.
1. Common Property Title Issues
✅ Ownership Disputes – Conflicting claims over property ownership.✅ Encumbrances & Liens – Outstanding loans, unpaid property taxes, or legal claims.✅ Forgery & Fraud – Fake documents or unauthorized transactions.✅ Errors in Public Records – Mistakes in spelling, property description, or ownership details.✅ Missing Chain of Title – Gaps in property ownership history.✅ Undisclosed Heirs – Legal heirs claiming ownership after a sale.
2. Steps to Take If You Find a Title Issue
Step 1: Identify the Specific Issue
Review the title search report carefully to understand the nature of the defect.
Consult a real estate lawyer for expert advice.
Step 2: Obtain Certified Copies of Property Documents
Get copies of the Sale Deed, Encumbrance Certificate, Property Tax Receipts, and Mutation Records.
Verify records from the Sub-Registrar’s Office and local municipal authorities.
Step 3: Resolve Ownership Disputes
If there’s an ownership conflict, check for a clear sale deed and inheritance records.
Get a legal opinion to confirm if a court case or settlement is required.
Step 4: Clear Encumbrances & Liens
If the property has outstanding debts, ask the seller to clear home loans, mortgages, or unpaid property taxes.
Obtain a Release Deed from the lender confirming that the dues are settled.
Step 5: Rectify Errors in Title Records
If there are spelling mistakes, wrong survey numbers, or incorrect details, apply for a Rectification Deed.
This document legally corrects errors in the title record and should be registered.
Step 6: Address Missing Chain of Title Issues
If previous ownership documents are missing, request a certified copy of past sale deeds.
If the chain of ownership is unclear, legal verification is needed before proceeding with the purchase.
Step 7: Verify Legal Heirs & Obtain NOCs
Inherited properties require a Legal Heir Certificate or Succession Certificate.
Ensure all legal heirs sign a No Objection Certificate (NOC) before purchasing.
Step 8: Revalidate Government Approvals
Check for approved building plans, land use certificates, and zoning permissions to ensure compliance with laws.
3. How to Prevent Title Issues Before Buying a Property
✅ Conduct a Title Search & Due Diligence before finalizing the deal.✅ Obtain an Encumbrance Certificate (EC) for at least the past 30 years.✅ Verify the mutation records to check the latest owner details.✅ Ensure there are no ongoing litigations or property disputes.✅ Always register the Sale Deed at the Sub-Registrar’s Office.✅ Take legal assistance to review property documents.
4. How BeyondTitle.in Can Help?
At BeyondTitle.in, we specialize in comprehensive property title verification services, ensuring a risk-free real estate investment. Our services include:
🔹 Title Search & Ownership Verification🔹 Encumbrance Certificate & Legal Due Diligence🔹 Title Defect Resolution & Legal Assistance🔹 Fraud Prevention & Risk Assessment
Conclusion
Finding a title issue does not mean you should abandon the property deal. Many title defects can be resolved legally with proper documentation and expert guidance. By taking timely action and consulting professionals, buyers can secure their property investment and avoid future disputes.
For a hassle-free title verification and legal due diligence, trust BeyondTitle.in to handle all your property-related concerns!
FAQs
Q1: What should I do if a property has an ownership dispute?A: Consult a real estate lawyer, check legal documents, and ensure the seller has a clear, marketable title.
Q2: Can I buy a property with an existing loan or encumbrance?A: Yes, but the seller must first clear the dues and obtain a No Dues Certificate before selling.
Q3: How long does it take to resolve a title issue?A: The time varies based on the complexity of the issue. Simple errors can be corrected in weeks, while legal disputes may take months.
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