Why Obtain a Title Opinion?

 Posted on November 26, 2024 in Real Estate Law

Picture this: After a long search, you have finally fallen in love with the perfect home, and it is well within your budget. Alternatively, imagine you have inherited a beautiful family home. However, you run a title opinion and it raises issues about ownership of the home. You may be disappointed by this result, but using a title opinion to find out the property’s ownership can save you from potential legal headaches in the future. An experienced Texas real estate attorney can provide a title opinion and advise you on your legal options.

What Is a Title Opinion?

A property’s title tells you who the owner of that property is. When you get a title opinion, you will receive a legal document drafted by an attorney that gives you their opinion about the true ownership of the property. An attorney will base the title opinion on a search of property records, also known as a title search. A title opinion will outline any deficiencies in the title to the property or other property interest that may interfere with your ownership.

Why Obtain a Title Opinion? 

A title opinion can save you from legal disputes in the future. By giving you vital information about the ownership rights to the real estate, a title opinion can help prevent the following: 

Probate Issues

Sometimes when a homeowner dies a dispute as to ownership of the property may come up in probate. In this case, a title opinion may determine property ownership to resolve the dispute.

Easements and Rights-of-Way

Sometimes the ownership issue is not so much about who owns the property, but whether there are any easements or rights-of-way attached to that property. Easements provide access to other parties to enter the land. For example, a beachfront home may have an easement from the local government to provide public access to the beach. A utility company may also have an easement to use the property. A title opinion can provide the purchaser with information about any easements which may affect ownership rights.

Liens and Judgments

A title opinion can discover if there are any liens or judgments on the property, such as a lien for homeowners association fees or a tax or construction lien. Banks and financing companies may still require a new owner to pay the debt to remove the lien and "clear title." 

Why Are Title Opinions Particularly Important in Texas?

As Texas is a state with many energy sources, there can often be many different types of property interests in one property, including:

• Mineral ownership rights

• Surface ownership rights

• Solar ownership rights

All these potential ownership interests make it particularly important to obtain a title opinion in Texas to ensure there are no other ownership interests that interfere with your enjoyment of the property.

Contact a Hill County, TX Real Estate Attorney

As exciting as buying a home can be, it is also a complex legal process with significant paperwork. If you are considering getting a title opinion or have received a problematic title opinion, the Tarrant County, TX real estate lawyers at Cain & Kiel Law can advise you on your legal options. Contact our experienced title opinion attorneys at 817-645-1717 for a confidential consultation today.