Tuesday, October 27, 2009

Title Searches: Fertile Ground for Legal Malpractice in Connecticut

Before issuing a title insurance policy, insurance companies rely on the knowledge and expertise of lawyers to handle title searches. In turn, real estate developers trust attorneys to address Connecticut title related issues. When Connecticut real estate lawyers screw this up, the costs to clients can be through the roof - but we can help.

Before signing off on a title search, lawyers should properly inform their clients of the condition of the title to the real property. If the title is not properly cleared and someone else makes some claim on that property, the client may be faced with costly litigation, or worse a significant devaluation of the property. Improper title searches may result in a client not being aware of easements on their property. Easements and covenants can restrict the owner’s ability to use the land. When these are not known before a real estate transaction is closed, the result is that a client may now own property that is unusable for its intended purpose. These are screw ups that lawyers should never allow to happen – but we can help.

Zoning changes are another key area where real estate lawyers mess up. Real estate is only as valuable as its available uses. When Connecticut lawyers fail to properly address land use issues such as zoning before the real estate transaction is closed, the client may be left with a property they cannot use.

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