Title insurance protects the buyer and lender against title fraud or mistakes in public records related to a property. It’s also known for protecting its unpermitted work and other legal issues.
Does Title Insurance Cover Unpermitted Work?
Typical title insurance does not cover unpermitted work or damage to the property itself. Instead, it covers losses from a previous owner building something on the property without a permit and a municipal authority requiring the removal or repair of these property elements. This insurance can also compensate for any loss of property value resulting from the compliance work that must be done.
However, an enhanced or premium title insurance policy or a title policy with special coverage (called an “endorsement”) can cover unpermi “ted work.
“
Title insurance companies will typically send out an inspector to review all the paperwork associated with the home before issuing a policy, and any evidence of unpermitted work will be flagged.
The coverage provided by title insurers generally varies by state. Still, it typically includes some form of protection against any potential issues related to unpermitted work, including structural problems, changes in zoning regulations that impact the property’s use, or violations of building code standards when construction was completed. This can be especially helpful if there is an issue down the line when trying to sell or refinance a home.
Title Insurance cover
- Clear title: Title insurance protects against losses due to defects in the title, such as liens, encumbrances, or conflicting claims of ownership.
- Prior liens and judgments: Title insurance covers any outstanding liens or judgments that may have been filed against the property before the purchase.
- Fraud and forgery: Title insurance protects against losses from fraud or forgery in the property transfer.
- Building permit issues: Title insurance may cover losses arising from building elements constructed by previous owners without the required permits and compliance work required to correct these issues.
- Survey or boundary issues: Title insurance may cover losses related to disputes over property boundaries, survey errors, or encroachments on neighboring properties.
- Legal expenses: Title insurance may cover legal costs to defend against a covered claim.
- Loss of value: Title insurance may cover any loss of property value resulting from a covered claim.
Most policies also include coverage for liens resulting from unpaid taxes, legal judgments against prior owners due to disputes over land boundaries, or improvements made without permission by previous owners. If these issues are not caught and addressed during inspection before purchase, they could lead to costly legal battles later on down the road.
In addition to protecting buyers against potential claims regarding unpermitted work, title insurers may assist buyers in working with local government agencies or contractors dealing with any permits needed for renovations or fixes due to existing structural issues caused by previous owners’ negligence. This assistaowners’ be invaluable for those attempting renovations that need permits or zoning approvals to comply with local codes and regulations before being allowed onto the market as saleable properties.
It’s important to note that while policies do protect against claims arising from existing structure issues caused by negligence on the part of previous owners, they will not cover any additional costs associated with bringing buildings up to code as required by current building codes and regulations even if those costs were incurred due to existing structure problems caused by prior ownership negligence. Ultimately, it is up to buyers to decide whether they want additional protections beyond what is offered in standard title insurance policies covering potential claims relating to unpermitted work on their prospective homes.