Founder
Buying or selling a home in Massachusetts is one of the biggest financial decisions most of us will make. While many people focus on inspections, financing, and closing dates, one of the most important steps in the process is often overlooked: the title review. A clear title protects your rights as an owner and ensures that no hidden problems will interfere with your ability to use, sell, or refinance the property in the future.
What Is a Title Review?
A title review (also referred to as a title search) is a legal examination of the property’s ownership history. We review public records to confirm that the seller has the legal right to transfer the property and that there are no outstanding issues, such as liens, unpaid taxes, or ownership disputes, that could affect your ownership. Think of it as a safety check that verifies the house you are buying truly belongs to the seller and that it can be transferred to you without problems.
Why It Matters in Massachusetts Real Estate
Real estate law in Massachusetts places strong emphasis on clear ownership. If the title isn’t properly reviewed, you could discover after the purchase that someone else has a legal claim on your property. That can lead to lawsuits, unexpected expenses, or even the loss of your investment. A proper title review ensures that when you buy a home, you receive what’s called “good and clear record and marketable title,” which is the legal assurance you need to move forward confidently.
Common Issues a Title Review Can Reveal
You might assume that if a property is being sold, its ownership must be straightforward. In reality, title reviews often uncover issues that would have been very costly if left undiscovered. Some examples include:
- Liens and unpaid debts: Creditors or contractors may have claims against the property.
- Unpaid property taxes: Tax obligations stay attached to the property, not the seller.
- Boundary disputes: Neighboring property owners may claim part of the land.
- Easements or rights-of-way: Utility companies or other parties may have access rights that affect your use of the property.
- Clerical errors: Mistakes in past deeds or filings can create confusion about ownership.
How a Title Review Protects You
Without a title review, you risk taking on someone else’s problems. If a lien exists, for example, you could be forced to pay it before you can sell or refinance. A review protects you by identifying and resolving these issues in advance, so you don’t inherit unexpected legal or financial burdens.
Title Review vs. Title Insurance
A title review and title insurance go hand in hand, but serve different purposes.
- Title review: The legal process of checking the records for problems.
- Title insurance: A policy that protects you financially if a covered issue arises later, despite the review.
By combining the two, you get both prevention and protection.
Why Work With a Real Estate Attorney?
In Massachusetts, real estate transactions typically require the involvement of an attorney at closing. Having a law firm conduct your title review means more than just checking records; it means understanding and resolving legal issues before they cause delays or disputes. We help ensure the process runs smoothly from the purchase agreement to the closing table.
Peace of Mind for Buyers and Sellers
Whether you’re buying your first home, selling a longtime family property, or refinancing, a title review provides peace of mind. For buyers, it guarantees that the home will be yours free and clear. For sellers, it avoids last-minute surprises that could derail the sale.
Protect Your Investment with a Title Review
Real estate is too important to leave to chance. A title review helps protect your rights, your money, and your future. At LaFountain & Wollman, P.C., we make sure you understand the process and that every step is taken to safeguard your investment. If you’re buying or selling property in Massachusetts, contact us today to schedule a consultation and let us guide you through a thorough title review.