Ownership of a Real Estate Title

Owning the property title on real estate carries with it a traditional bundle of legal rights that are typically transferred from seller to buyer in a real estate transaction. These rights include right of possession, right of control, right of exclusion, right of enjoyment, and right of disposition. While all of this appears logical, it does not mean that a real estate title cannot have defects in the ownership of the property. For this reason, a title search is done on the real estate before it changes hands in a real estate transaction. Title Junction accomplishes a title search in Cape Coral, Fort Myers, and all around Florida by creating a chain-of-title on the property. Anyone can perform this duty; however, it is recommended that a professional title company, like Title Junction, be retained because of our expertise in doing title searches.

Establishing the property title begins with the current ownership of the property. The title company will search the owner’s name, establish their right to the property title, and then will move backwards in time to the original U.S. patent that established the initial ownership of the property. In Additional to logging every real estate title holder on the property, the researcher will also include prior mortgage, wills, easement right, and liens on the chain-of-title. All of these items can potentially place limitations on an owner’s right to use or transfer the property, so knowing about them is essential for buyers and lenders.