Most people who buy a property, rely on the attorney who draws the deed to insure that there are no problems with the title. After all, that is his job. Unfortunately, in the more than thirty-five years that I have done any title research, the average is almost fifty percent that have errors. Usually they are of a minor nature, but some attentive lawyers will spot those irregularities and refuse to okay a sale until they are taken care of. This can begin to get expensive, or even lose the sale if things are not made acceptable in time.

Sometimes though, the errors are much more important. One attorney drew a deed on two different properties, and a deed of trust for each. The problem was that the descriptions were reversed. When they went to sell one of the properties, the bank was very surprised to know that they had given a large loan on a much cheaper property.

Another bank foreclosed on a house and a lot next door. They later sold the house. A few years later, the vacant lot sold for taxes. When the new owner had it surveyed, he found that he owned the house, not the vacant lot.

Many times, when there is more than one lot sold on a deed, one or more parcels don’t get transferred because someone at the courthouse misses the extra description.

Old deeds seldom included exact surveyed descriptions. Consequently, when the property is finally sold and surveyed, it is not very unusual to find that there is a discrepancy in the assumed location. Many houses have been built partly or even completely on the wrong lot.

In one instance, about 15 lots were divided on a river bank. The first purchaser bought lots 4 and 5, and built a house. After a few years, someone bought another lot, and by that time, the stakes had rotted and were not all available, but the people just measured from the first person’s house. They built on lots 6 and 8 and 9 and 10. Unfortunately the first person had built their house on lots 3 and 4, not 4 and 5. Those who built on lots 6, 8, and 9, all did so on the wrong lot.

Many times, when a couple purchase a house and they live there for a period of time, one of them dies and eventually the remaining spouse sells the property without filing even a death certificate. In many states, and depending on the exact wording of the original deed, the spouse may only have inherited a portion of the property. Children are frequently legally entitled to a share of the estate. Yet, many deeds have been signed by only the remaining spouse. Worse, the unsuspecting purchaser may only discover the problem many years later when the minors have become adults. It may be quite a costly discovery.

Another common error is to accidentally leave out a line from the description, or to transpose numbers, or to write a 6 as an 8, or a similar minor detail which nevertheless can cause a great deal of trouble.

If the property you buy is in a new subdivision, it is quite common for the developers to still owe money on the overall acreage. If they fail to live up to the terms of their loan, the lender may foreclose. They may end up with your house. Subcontractors may place a lien on the entire property for work they have done, but not been paid for.

Usually, these and many other errors are caught by any competent attorney or abstractor. Some however, are not. A title insurance policy may cover some of these situations, but not all. Unfortunately, both attorneys and abstractors also make mistakes. Regardless of the reasons, a substantial portion of recorded deeds have errors somewhere in the chain of title. What about yours?