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Burns & Hansen, PA

The basics of a real property title

All across Minneapolis people own real property. Individuals own homes, condos, businesses and tracts of land. Some own their property outright while others are paying off mortgages or other loans in order to secure their full ownership. When a person seeks to own a parcel of real property the person generally must acquire the property's title.

Having title to a piece of real property gives the holder of the title ownership and use rights to the specified parcel or structure. In terms of residential real estate, if someone owns the person's own home then the person has the title to it. If the person rents the home from another party, then the individual does not have title under such an arrangement.

A title can be subject to an encumbrance, such as a lien or a covenant of record. A lien guarantees a creditor payment on a debt when the property subject to the title is sold. A covenant of record gives non-owners of the property legal use of the property for specific purposes and can transfer as title is passed from owner to owner.

When planning to purchase title to a piece of residential real property or other form of property, it is always useful to perform a property title search. A title search will reveal if the property is encumbered by a device like a lien or a covenant of record. It can also show if there is any problem with the seller's assertion that the person has the right to sell the property in question.

Attorneys who work in the real property field can help or perform for their clients' title searches. Doing so prior to a real property purchase can provide a buyer with security over the rights he is gaining through is investment in the real property subject to the sale. For individuals who have questions about this topic, please consult with attorneys who can address the specific legal needs of such inquiries.

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Burns & Hansen, PA

8401 Wayzata Blvd Suite 300
Minneapolis, MN 55426

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