Q: There are 3 acres of land near my property that I want to buy. The person selling the property will sell it to me
but can not give me a clear title to the property. The current owner does not know if there are other people that could contest the buy. Can I legally own the property if I advertise it in the newspaper that I have purchased it and if is any that contest it should do so? Also is there a specific waiting period if no one comes forth will the property be mined for sure.
A:
You can't do it quite that way, but you can do something like it. It involves buying something called title insurance. Go to a local title company and tell them that you are purchasing the property and want to have title insurance. They will research the title and give you a written title commitment, that will state the conditions under which they will agree to provide title insurance if you do buy the property. The title commitment will state exactly what problems there are with the seller's title, if any. Armed with that information you can make a better informed decision as to whether to buy the property. You will benefit from consulting with a competent real estate lawyer about how to handle any problems. Better yet, hire the lawyer first and let him or her arrange for the title commitment.
You cannot just advertise for other owners by yourself. That can only be done with a lawsuit in court. That's the only way to cut off all others who may have claims to the property.
It is highly possible that your seller already knows that he has title problems.
WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer. By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing. The reason for all this is that legal problems are intensely fact-driven, and it is impossible to give anyone correct legal advice without comprehensive inquiry by the lawyer into the specific facts of the situation that concerns you, and the law of the jurisdiction in which you reside, and that is impossible to accomplish through this website. Even though I am not your lawyer, if I should later become your lawyer no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
