Title Hiccups
By Jim Palmer Jr.

After many years in the real estate business, it still surprises me when property owners are unaware of problems with the title to their property.  Real estate does not have a title like a car that you can pull out of the safe and sign over to someone, so what I mean by that is that there may be blemishes, liens or other defects that may cloud a title report sufficiently to make the property unmarketable. 

One example is several properties that exist in southern Stevens County that gain access across a driveway that connects directly to HWY 395 (which is a limited access highway).  Even though the folks have accessed their properties using this driveway for many years, the Department of Transportation has only granted actual access to one residence only.  While a valid easement exists across every other part of their driveway, technically the other owners cannot legally enter or exit the highway there.  That means that a Title company would never insure access there, which may make it difficult for bank financing.

Another example of a significant title glitch is a property that has a written legal easement over impossibly steep terrain, meaning there is legal access but no practical actual access.  Otherwise valuable property may be rendered virtually worthless unless this problem could be resolved.  In another case, a property line had been defined as the center line of the creek, but when the creek changed course over a period of years the shape and size of the property no longer resembled its original configuration.
Title companies are in the business of researching every possible issue that could relate to the ability to transfer a property by deed, and since they issue insurance from any claims or liens or defects (other than what they have disclosed on a written title policy), they are careful to list these defects upfront before the buyer signs on the dotted line. 

While it would be unwise to make any real estate transfer or purchase without first carefully reviewing a title report, many do-it-yourself sellers and buyers make that mistake and then later pay the unintended consequences. 

Realtors® and title companies regularly team up to resolve title glitches that threaten to sidetrack some property transfers.  If you think your property may have an issue that could affect your ability to sell, contact your Realtor® and ask for help!