Dallas Real Estate and Title Insurance Policies
What is Title Insurance and why do I need it when buying ? To understand title insurance, let's look at what is known as “chain of title” and how title companies search public records. Title searches begin with when the US government claimed the land using a U. S. patent and moving forward from that point. Because people are involved in recording deed transfers and plotting land parcels, a lot of mistakes can happen. You want title insurance because it will protect you against these defects and “people errors”.
Public Records and Property Searches
- County records are often maintained at local courthouses or the Clerk of Registrars.
- Property transfers were first recorded alphabetically in separate Grantee and Grantor books.
- Today, most records are stored in computer files.
- will also be shown in the public records.
Land Division
- Early deeds involved large chunks of land known as Townships.
- Townships contain 36 sections and are six miles by six miles.
- Sections measure one mile by one mile and contain 640 acres.
- Half of a section is 320 acres.
- 1/4 of a section is 160 acres.
- 1/4 section of 1/4 section is 40 acres.
- An acre is 43,560 square feet
Basic Title Search
- Title searches start with the most recent deed, searching the grantee's name backwards in time, until the deed when the grantee acquired the property is located.
- That grantor's name is then searched backwards in time in the grantee's book to find when the grantor acquired title as a grantee.
- This process continues and the property description involves larger and larger parcels of land.
- Eventually, the searcher gets to the U. S. Patent.
- You can learn more about Title Searches by visiting popular .
Factors That Affect Title
As we discussed deeds establish a chain of title, but sometimes these chains get broken. Title searchers also look for reconveyances, easements, rights-of-way and other elements affecting title to the property. Here are more records that are searched to piece title together:
- Tax sales
- Death certificates
- Marriage records
Title Insurance Coverage
Depending on the title company, consumers can choose among a variety of options, but the top three choices are Owners, Lender's and Extended Coverage.
- Lender's Title Policy Coverage:
- Unrecorded easements and access rights
- Mechanic's liens and unrecorded liens
- Defects and other unrecorded documents
- Owner's Title Policy Coverage:
- Defective recordation
- Clear title to the property
- Incorrect signatures on documents
- Forgery, fraud
- Restrictive covenants
- Encumbrances or judgments
- Owner's Coverage - Extended
- Structure damage from mineral extractions
- Building permit violations from previous owners
- Subdivision maps
- Covenant violations from previous owners
- Variety of encroachments and forgeries after title insurance is issued
Who Pays For the Title Policy Insurance Policy?
- This can differ from county to county, but it is negotiable in the offer to purchase.
- Sellers and buyers split the fee for the owner's policy.
- Generally, the buyer pays for the lender's coverage.
How Long Are Title Insurance Policies Good For?
The simple answer is, forever. If you are planning to resell the property within a few years, ask your title company about what is known as "binder" coverage. Most title companies will sell you a binder policy for an additional 10% premium. Binder coverage is good for two years, often can be extended beyond that time, and the fee charged for the new buyer's policy will be the difference between what you bought the property for and the price at which it sold. You will get a credit for the amount of coverage you purchased under your own Owner's Title policy.
How Often Are Title Policy Insurance Premiums Paid?
This is a onetime premium due when you buy. You will never have to pay an additional premium on this policy. Title policy insurance is the best insurance policy a Dallas real estate owner can ever buy.
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