If you are looking to buy Mississippi land, this is a common question. What is a Mississippi land title opinion? A title opinion is a legal document that describes the ownership status of land or property. Attorneys call this a delineation of the title. What this fancy word means is to outline all the owners of a particular tract of land backward in time for 31 years.
Every time a Mississippi property passes through one person to another, records should be filed in the respective MS County Court House. So, an attorney reviews these records looking for issues that can make the buyer not receive a clear title to the property.
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Usually, this process also receives the name of “title search”. This attorney’s report is necessary when buying or selling land or building. If you are borrowing money from a bank, it will be required before a lending institution will even start your loan documents.
Even if you are paying cash for your Mississippi land you need a title opinion before you close the sale.
What does a property title tell you?
During a land title search, an attorney can find adverse documents such as:
- Deeds of Trust
Possibly, previous owners may have acquired the property through a Deed of Trust. If there is an unpaid deed of trust, the buyer may be responsible for the pending payment.
- Invalid Power of Attorneys
Through a Power of Attorney, people allow others to sign legal documents on their behalf. Hence, the attorney must confirm if any document signed by the POA was not outside the powers the POA grants. Also, he should check if the POA endorsed these documents properly.
- Probate issues
When a landowner dies without leaving a will, heirs can face some issues regarding land ownership. Even if a will exists, there may be heirs contesting its validity. In these cases, a title opinion can determine it is in probate.
An easement occurs when somebody receives the right to use somebody else’s land for a determined objective. It is critical to know if a third person has the right to use a property you pretend to buy.
- Judgment Lien
When a landowner loses a lawsuit, a court can impose a money judgment lien on the landowner’s property. A title opinion can prevent you from falling into a grave problem when buying a property with a judgment lien.
- Tax Lien
A lien on a landowner’s property may protect the government’s interest if the landowner hasn’t paid taxes.
- Mechanics’ Lien
Homeowners who want to perform home improvements or repairs in their properties can grant a security interest in the property title in favor of the person that will carry out the work.
- Right of Way
It occurs when somebody has the right to pass through another’s property. It works as a type of easement. Typically, it happens when some public highways or roads go across property lands.
- Chain of Title
Through this procedure, the attorney verifies the records of a land’s ownership changes over time. This way, he will determine if the supposed owner actually has the property’s legal possession. Moreover, the attorney can detect issues that can make unclear the property’s title.
Generally, a title opinion includes a property report with the current ownership and a chain of title. Besides, it should describe any adverse legal action against the Mississippi property, plus conclusions and recommendations to the potential buyer.
The ownership history of changes of a property can be complicated. Over time, problems can happen, and the Mississippi property title might not be clear. Therefore, if you plan to buy Mississippi land or property, a wise decision is to request an attorney’s services to obtain a title opinion. As a result, you will have peace of mind about the significant investment you’re about to make.