Why Title Insurance is Needed - Even on New Construction
It is easy to assume that if no one has owned a home before, there is no risk of someone challenging your property rights to that home. However, the land the home is built on has been owned previously and there are several other ways that your ownership rights could be challenged as well. Without an owner’s title insurance policy, a new homeowner could face defending their rights to ownership all by themselves. As your trusted title company at the Lake of the Ozarks, we wanted to share some things for you to consider.
Previous owners.
If a property was inherited by multiple siblings, and that property
was sold to the developer without the knowledge of one of the siblings (or their
heirs), the new construction may be sitting on land the current homeowner doesn’t
have clear title to. This can be true
even if that developer has owned the land for years.
Property lines and easements.
If the land was not properly subdivided or your home is not correctly
described on the right lot in the subdivision, there could be issues regarding
ownership come up later. At the Lake of
the Ozarks, it is not uncommon to find that where roads and driveways and lots
are divided do not match the original plat on paper. It is also possible that there is an easement
the buyers don’t know about that allows for sewer lines to be run right where they
planned on building a pool. Knowing that the property you are buying and
building on is accurately recorded and knowing the easements attached to the
property are absolutely essential to your ownership rights.
Housing boom.
What if a mistake is made during a high-volume building
market and an application is approved for a project or build that does not actually
meet code or local building requirement? Those requirements can (even years) later be
enforced … there are cases in other states where that has meant literally having
to lower the roof on a finished home to satisfy those restrictions. While that is bad enough for the homeowners,
without title insurance they could be stuck paying for the costs as well.
Mechanic’s lien.
The developer involved in your new build will have a responsibility
to pay off contractors or subcontractors involved in the build. If the buyers are working with a contractor,
the contractor also must pay his subcontractors. If any one in the process is not paid, they
may have a right to file a mechanic’s lien on the property. That means the new homeowners could be facing foreclosure
(or paying for building costs more than once) even if they have made their
mortgage payments and the contractor has been paid.
At Arrowhead Title, we know how to protect homeowners from scenarios
like these. We are so excited for
everyone who is ready to take on the dream of building a new home at the Lake of the Ozarks. When you are
ready to a lake home, rely on a title company at the Lake of the Ozarks
that knows how much ACCURACY and INTEGRITY really matter. At Arrowhead Title Company in Lake Ozark,
we are all about minimizing your risk and maximizing your investment.
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