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What Does Title Insurance Not Cover?

October 4, 2024

Title insurance helps protect property owners and lenders, but it has some limits. While title insurance covers many risks, there are certain situations and problems that a standard policy won't cover. This guide will help you understand what title insurance does not cover and answer common questions about it.

Title insurance does not cover problems that come up after the policy is issued, and it also does not cover known issues or physical problems with the property.

What Standard Title Insurance Won't Cover

Problems After the Policy Is Issued

Title insurance covers issues that existed before you bought the property, found during the title search. It won't cover problems that come up after you get the policy, like new liens or defects that happen after purchase.

Known Issues

If you already know about a problem when you buy the property, title insurance won't cover it. A title company will not cover defects known at the time of purchase.

Environmental Problems

Title insurance doesn't cover environmental risks, even if they existed before you bought the property. Examples include:

  • Soil contamination
  • Groundwater pollution
  • Hazardous materials

If you find out your property is contaminated after buying it, title insurance will not pay for it.

Building and Zoning Problems

Title insurance doesn't cover building code or zoning violations that happen after you get the policy. If you make changes that don't follow local rules, title insurance won't cover the costs to fix them.

Other Things Title Insurance Won't Cover

Physical Problems with the Property

Title insurance won't cover physical defects, like:

  • Structural problems: Issues with the foundation, roof, or other structural parts.
  • Construction quality: Damage from bad construction or poor materials.
  • Well and septic issues: Problems with wells or septic systems.

Problems Caused by the Owner

If you, as the owner, cause a problem, title insurance won't cover it. For example, making changes that break zoning rules won't be covered.

Government Actions

Title insurance won't cover:

  • Eminent domain: The government taking private property for public use.
  • Taxes and assessments: Taxes or assessments added after you take ownership.

Access and Boundary Problems

Title insurance usually won't cover:

  • Neighbor encroachments: If a neighbor's fence or structure is on your property.
  • Boundary disputes: Disagreements over property lines after you buy the property.
  • Unrecorded easements: Easements that are not in public records.

Mineral and Water Rights

Title insurance doesn't cover:

  • Mineral rights: Disputes over things like oil or gas below your property.
  • Water rights: Claims related to waterfront property.

Other Hidden Risks

Undiscovered Heirs

If an unknown heir comes forward after you buy the property, they may challenge ownership. Title insurance may provide some protection, but not always full coverage.

Fraud and Forgery

Title insurance may cover fraud or forgery discovered at purchase, but it won't cover fraud that happens after you get the policy unless you have an enhanced policy.

Common Questions About Title Insurance Exclusions

1. What Problems Are Not Covered by Title Insurance?

Title insurance doesn't cover physical defects, environmental hazards, and known issues that come up after the policy is issued.

2. Does Title Insurance Cover Environmental Hazards?

No, title insurance does not cover environmental risks like soil contamination. You need special environmental insurance for that.

3. Are Zoning or Building Code Problems Covered by Title Insurance?

No, title insurance won't cover zoning or building code problems, especially if they happen after you get the policy.

4. How Can I Protect Myself Against Risks Not Covered by Title Insurance?

You can:

  • Get a thorough property inspection.
  • Research any environmental risks.
  • Consider getting extra insurance.

5. What Are Common Exclusions in a Title Insurance Policy?

Common exclusions include issues after the policy is issued, known defects, government actions, environmental hazards, and physical problems.

6. Does Title Insurance Cover Well and Septic System Issues?

No, title insurance doesn't cover problems with wells or septic systems. Make sure to inspect these before buying.

7. Does Title Insurance Cover Boundary Disputes?

Title insurance doesn't cover boundary disputes that happen after you buy the property, though some policies may offer limited coverage.

8. What Happens if an Unknown Heir Claims Rights to My Property?

If an unknown heir comes forward, title insurance may provide limited protection. It's best to consult a real estate lawyer.

9. Are Mineral and Water Rights Covered by Title Insurance?

No, title insurance doesn't cover disputes over mineral or water rights.

10. Does Title Insurance Cover Physical Defects?

Title insurance protects against ownership issues, not physical defects like structural problems or poor construction.

Additional Tips

Coverage can vary between policies and insurers. Some title companies offer extra coverage to protect against risks usually excluded.

To protect yourself:

  1. Get a property inspection: Find physical defects not covered by title insurance.
  2. Research environmental risks: Check for issues before buying.
  3. Get extra insurance: Cover exclusions like construction quality or unknown heirs.
  4. Review your policy: Understand what is covered and ask questions to your title insurance provider or a real estate attorney.

Title insurance helps protect both property owners and lenders from title issues that could affect ownership. There are different types of title insurance, like owner's and lender's policies, which cover different interests in the property.

Check if there are restrictive covenants, unpaid taxes, or other problems that could affect your rights but may not be covered by title insurance. The type of title insurance you choose will affect how well you are protected.

In many cases, the title insurance company will help resolve title issues, but it's important to know the limits. Title insurance is an essential part of buying real estate, making sure liens or claims from previous owners don't affect your rights.

The Take Away

Title insurance is important for protecting your real estate investment, but it has limits. By understanding these limits and taking steps to protect yourself, you can avoid surprises and keep your property safe from unexpected problems.

RYAN LIPSEY TEAM

Contact Ryan Lipsey

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