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What Title Insurance Does Not Include: Understanding the Gaps

Posted by dimension | December 5, 2024 | 0 Comments

Title insurance is an essential component of any real estate transaction. However, it’s equally important to understand what it doesn’t cover. In this blog, we’ll shed light on what title insurance typically does not include.

1. Property Condition

Title insurance primarily focuses on the title’s integrity and ownership history, not the physical condition of the property itself. It won’t protect you against issues like structural problems, faulty plumbing, or a leaky roof. That’s where a thorough property inspection comes in handy.

Before purchasing a property, consider hiring a qualified inspector to assess its physical condition. This can help you identify potential problems that could be costly to address down the road.

2. Zoning or Land Use Violations

Title insurance doesn’t provide coverage for zoning or land use violations. If you later discover that your property isn’t zoned for your intended use or there are restrictions on how you can use the land, your title insurance policy won’t offer protection.

To avoid zoning issues, it’s wise to consult with local zoning authorities and conduct due diligence on the property’s zoning and land use regulations before finalizing the purchase.

3. Environmental Contamination

Environmental issues, such as soil contamination or groundwater pollution, are typically not covered by title insurance. If you buy a property and later discover environmental problems, you may be responsible for the cleanup costs, which can be substantial.

To mitigate this risk, you can conduct environmental assessments and Phase I and II environmental site assessments before closing the deal. These assessments can uncover potential contamination issues and help you make an informed decision.

4. Boundary Disputes

Title insurance won’t protect you in boundary disputes with neighbors or adverse possession claims. If your property lines become a point of contention, you may need to resolve the issue through legal means, such as boundary surveys or litigation.

To prevent boundary disputes, it’s advisable to have a survey conducted before purchasing a property to clearly define its boundaries.

5. Future Changes in Title

Title insurance only covers issues that occurred before the policy’s effective date. It doesn’t protect against future changes in title, such as liens or encumbrances that arise after the purchase. To safeguard against these risks, you may need to purchase additional title insurance coverage or stay vigilant about monitoring your property’s title.

6. Unrecorded or Unknown Title Issues

Title insurance typically doesn’t cover unrecorded or unknown title issues. For instance, if someone has a legitimate claim to the property but hasn’t recorded it, or if there are hidden heirs or missing wills that surface later, your title insurance policy may not provide protection.

While title insurance aims to uncover such issues during the title search process, some may still go unnoticed.

In conclusion, while title insurance is a vital tool for protecting your property investment, it’s essential to recognize its limitations. To ensure comprehensive protection and make informed decisions, it’s advisable to conduct thorough due diligence, including property inspections, environmental assessments, and legal consultations. If you have any questions or need assistance with title insurance, don’t hesitate to contact Dimension National Title at (401) 825-7102. Our experienced professionals are here to help you navigate the complexities of real estate transactions and title insurance.

About the Author

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Andrew Senerchia is an accomplished attorney at Senerchia & Senerchia P.C., his family’s law firm, and President of Dimension National Title. He cites his parents as his greatest professional influences, instilling in him a core value of simply doing his job to the utmost ability.

Andrew’s impressive legal credentials begin with his education at Roger Williams University, where he graduated summa cum laude with a Bachelor of Science in 2015 and later a Juris Doctor, also summa cum laude, in 2018. He is admitted to the bars of Rhode Island (2018), Massachusetts (2019), and Connecticut (2020), as well as the U.S. District Court for the District of Rhode Island (2019). Achieving summa cum laude multiple times demonstrates his dedication to excellence.

An active member of professional legal associations, Andrew has been involved with the Rhode Island Bar Association since 2018, the Massachusetts Bar Association since 2019, and the Connecticut Bar Association since 2020.

While work keeps him busy advocating for his clients at Senerchia & Senerchia P.C. and conducting closings with Dimension National Title, Andrew makes time for his hobbies and interests outside the office. He is a self-professed golf enthusiast, even though he admits his skills on the course leave something to be desired! He is also an avid reader of historical nonfiction and has a passion for cars.

Through it all, Andrew remains driven by his parents’ example and the simple principle of working hard to achieve excellence in his chosen profession. The family legacy continues with him at the helm of Dimension National Title and as a trusted Attorney with Senerchia & Senerchia P.C.

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Dimension National Title is not licensed to practice law. All legal services are provided by Senerchia & Senerchia PC.. Dimension Title is authorized in the following states to provide Title and Settlement Services: AL, AK, AR, AZ, CA, CO, CT, DC, DE, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, VT, WA, WI, WV, WY

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