Title insurance companies have experts that help us (1) understand what we are buying (examination of title) and (2) guarantee that their analysis is correct (insurance). Their purpose can be a bit obscure to those not buying and selling real estate on the regular. Most of us are at least familiar. If you own a home and you bought it from a non-relative, you probably have title insurance. Maybe you even visited the title company for your closing. 

While these services are necessary, I tend to use title companies for other purposes. Here are some of my favorite ways to use title companies: 

1. Probates. If you’re serving as personal representative and have any doubt about what the decedent owned, order a title examination from a title company and ask for copies of deeds. This helps you make sure that you have ALL property owned by the decedent and that you don’t have to reopen the probate estate in the future. Recently, for example, title examinations have been handy to confirm whether a trailer home is “affixed” or attached to the land or whether it’s personal property just sitting on the land. The examination gives you information that would be difficult to get yourself – even if physically present. Remember, the cost of an examination is reimbursable by the estate as a cost of administration if you pay for it.

2. Easements. Most people wait way too long to get a title examination when an easement dispute arises. These disputes often arise on the ground and in person. For example, a surveyor will mark the boundaries revealing a boundary-line discrepancy or a landowner notices someone trespassing on their land while sitting at camp. Likely because it’s usually an emotionally triggering event, the parties defend themselves first and bring in pieces of evidence (like title documents) to show their side of the case later. Get a title examination early, share it with the other party, and use it as a starting place for strategizing a resolution.

3. Closings and escrows. Many of my clients have settled real estate conflicts themselves but don’t necessarily want to hold all the money or pay taxes through closing. Title companies often help with that! Many title companies will offer escrow services and hold funds until parties agree that they be released. They will sometimes help close the transaction – making sure all documents are signed and that the right amount of money goes to the right person.

Through Taproot coaching and Make-it-Legal, we can discuss whether there is a need for a title opinion. We can also help you digest and better understand the results of a title opinion, which can sometimes be filled with dense jargon. Give us a call  at 906-284-8426 or check out our website for more details about coaching and Make-it-Legal Services!

In the meantime, if you think you need to order a title examination and aren’t quite sure what to say, check out the sample scripts below!

Example scripts for ordering a title examination

Draft email for Personal Representative

Hello.

I’m the personal representative of _____’s estate. I want to buy a title opinion to confirm what property they owned and copies of the last deeds or effective title documents. How long will it take for you to do this type of work and what is the cost?

Thanks!

Draft email for Easement or Boundary-Line Dispute

Hello.

My neighbor and I are sorting out their access over my property. We need the legal descriptions for each of our properties and to know of any easements my neighbor may have over my property. 

How long will it take for you to do this type of work and what is the cost?

Thanks!

Draft email for closings and escrows

Hello.

I just agreed to buy a camp! I don’t know the person and need someone to handle the closing and money.

How long will it take for you to do this type of work and what is the cost?

Thanks!