Do You Need Title Insurance When You Buy Land? - NeededInTheHome (2024)

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Do You Need Title Insurance When You Buy Land? - NeededInTheHome (1)

It makes sense to look into title insurance when you’re purchasing land. But what is title insurance, and how does it help protect you and your investment?

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You always want to be as protected as possible with any real estate investment that you make. For that reason, here’s what you need to know.

What is Title Insurance?

Title insurance is protection against title defects. The title itself is documented proof of ownership and the seller’s right to both possess and sell a particular piece of property. When you buy land, you buy the title, and are from then on the one with those rights.

In a perfect world, all land sales would go smoothly and no seller would mislead a buyer either intentionally or unintentionally. In the real world, however, things happen, and sometimes a title doesn’t turn out to be legitimate. And occasionally, buyers don’t find that out until after the investment has been made and the allegedly legitimate title has been transferred.

Here’s where title insurance comes in. If you have it, you don’t have to worry about losing the investment that you’ve put into a property if it turns out that it was not actually within the seller’s rights to list and sell it. It comes in handy in instances of ownership disputes, as well as in circ*mstances where the seller had a lien, unpaid taxes, or another property issue that should have prevented them from selling.

Do note that title insurance is different from mortgagee title insurance, which your lender will require you to purchase. Mortgagee title insurance protects your loan provider from title defects, while title insurance protects you.

Cost of Title Insurance

The price of your title insurance will vary depending on who you purchase it from. In general though, expect to spend of the amount you have agreed to purchase the property for. Even if you’re not keen to add another closing cost to your sale, it’s a small price to pay for the protection that you get. If you’re in a strong market position, you may be able to get the seller to cover the cost of your title insurance (mortgagee title insurance, however, is always the responsibility of the buyer).

Don’t Forget to Do a Title Search

Another key task in protecting yourself against title defects is to perform a title search before closing on the deal. The title insurance company you plan to use should do this for you, but if they don’t, talk to your real estate agent about other ways to have the title search done. This search will reveal whether there are any hidden title defects that you need to know about, and will ensure you get this information prior to making a considerable investment.

So, Title Insurance: Yay or Nay?

It is almost always going to be a good decision to spring for title insurance, whether you end up needing it or not. Even if a comprehensive title search doesn’t turn up anything suspicious, title insurance ensures that you will have nothing to worry about and that your assets are safe. When in doubt, the more protection you have, the better.

This is a contributed post.

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Do You Need Title Insurance When You Buy Land? - NeededInTheHome (2024)

FAQs

Do You Need Title Insurance When You Buy Land? - NeededInTheHome? ›

Title insurance is never legally required... as in a matter of law. But it may be contractually required by any lender if you are taking out a loan to purchase it because they don't want to run the risk that their collateral could be uncertain..

Why is title insurance important? ›

Title insurance is a contractual obligation that protects against losses that occur when title to a property is not free and clear of defects (e.g. liens, encumbrances and defects that were unknown when the title policy was issued). Title insurance also guarantees loan priority.

Who pays for title insurance on land in Texas? ›

Generally speaking, the seller pays for their own title policy to ensure that the buyer receives a good and marketable title with no encumbrance or defects; while the lender will require the buyer to purchase a lender's title insurance to protect its interest in the property.

What are the disadvantages of title insurance? ›

What is the disadvantage of title insurance? The main disadvantage of title insurance is its cost, which can be a significant expense for some buyers, but it's worth it to protect your ownership rights.

Who should have title insurance? ›

A lender will always require the borrower to purchase a lender's title insurance policy before obtaining a home loan, and the policy is usually issued by the title company to mark the conclusion of their title search.

How much is title insurance on land in Texas? ›

The cost of a title policy in Texas can range from 0.9% to 0.6% of the property value. Generally speaking, the higher the property value, the lower the cost of the Texas title insurance policy on that property.

Do you need insurance for land in Texas? ›

If you own vacant land, for any reason, you still own an asset that needs financial protection. Commonly, you need liability insurance to protect your vacant property.

Is title insurance mandatory in Texas? ›

Is it required? Texas does not require title insurance. The lender will require you to buy a Loan Policy of Title Insurance to protect their interest.

Why was title insurance created? ›

In 1876, this group formed the first title insurance company, whose mission it was to protect "the purchasers of real estate and mortgages against losses from defective title, liens and encumbrances," and added, "through these facilities, transfer of real estate and real estate securities can be made more speedily and ...

What are the three most common types of title insurance? ›

Types of Title Insurance Policies
  • Lender's Policy. If you've ever mortgaged a home, chances are you were required to purchase a title insurance policy. ...
  • Owner's Policy. However, as a buyer, you also want to protect your investment -- and the ownership rights that come with it. ...
  • Customs. ...
  • Refinance Transactions.

Is title insurance the same as homeowners insurance? ›

HOW IS TITLE INSURANCE DIFFERENT FROM HOMEOWNER'S INSURANCE? One of them is concerned with the ownership rights to the property, while the other one provides protection if there is a loss on the property itself. TITLE INSURANCE provides coverage against loss due to liens and defects on title.

Why was title insurance invented? ›

Prior to the invention of title insurance, buyers in real estate transactions bore sole responsibility for ensuring the validity of the land title held by the seller. If the title were later deemed invalid or found to be fraudulent, the buyer lost his investment. In 1868, the case of Watson v.

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