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You did it – you got the deed, the deed which means you own the property. Having the deed means you’re on your way to having a good, respectable and marketable clean title. With that said however, it doesn’t really tell the story in its entirety. If the individual who received the deed gets it and there are existing title problems before the deed, we say that these issues “run with the land.” What does that mean? It means that the problems continue and run onto the property itself. Just because you are in possession of the deed doesn’t mean you’re out of the clear. Remember, a deed is part of the title.

For example, let’s say that you come in possession of a deed with back taxes which are owed. The transferal of the deed to you doesn’t absolve the deed of any of its previously existing issues. They come with you. Maybe it’s an undischarged mortgage. The mortgage existed early on in the chain of title and got stuck there. It didn’t just vanish into thin air because the possessor of the deed was different. It still needs to be discharged.

So, why does a deed not clean title? Simply put, anything that is put in or recorded into the chain of title “runs with the land.” It’s like in a cartoon or sitcom where two people are caught via a Chinese finger trap. Once the defect is existent, it sticks with the deed and the title until it’s effectively resolved. There are instances where the statutes of limitation come into play and have an effect on the deed. It’s not often or something you should expect. Those statutes of limitation can take time and just waiting for the time to pass by isn’t the best option. There are however options which can help you out. Title insurance, title search, there are various options.

We can help you with all title and deed related legal issues such as this. Give us a call at (877)-YOUR-FIRM to get started toward a clean deed and a clean title.