Real Estate FAQ
A lien is any legal claim on real property that acts as a security for payment of a debt or other obligation. If the debt is not repaid as promised, the lender or the lien holder can foreclose its claim on the property.
Mechanic's and materialmen's liens exist to provide special collection rights to persons and businesses that make improvements to real property. If the lien is not paid, the lien holder can commence a court proceeding to foreclose the lien and to sell the land in payment of the obligation.
If I am buying property, do I need a title report?
Yes, as much as you may want to believe the home you have found is perfect, a clear title report ensures there are no liens placed against the prior owners or any other documents that will restrict your use of the property.
An easement allows another person the right to use your land for a specific purpose. The most usual easements are those granted to public utility or telephone companies to run lines on or under your private property and to neighboring houses to use a common driveway to give access to their home.
Where can I get copies of deeds and other documents relating to property?
The County Clerk's Office of the county in which the property is located is where deeds are recorded and kept on record. Anyone can examine the deeds, mortgages and various liens and other real estate records on file. Copies can also be obtained for a small fee.
Why do I have to go to the expense of hiring an attorney for a simple real estate matter?
In real estate transactions, as with all matters of legal consequence, documents should never be signed without the advice of counsel. The time, effort and money spent in making a transaction turn out the way you intend also works to prevent future problems which could cause you to regret the entire transaction.
