If you are buying a home and find out you may have a title problem, you should talk to the title insurance company to determine if the title problem can be insured over by the title insurance company. Many real estate properties have minor title insurance problems that are small enough that the title insurance company may be willing to give you peace of mind with coverage under the title insurance policy.

Q: We are thinking about buying a single family home in Chicago that was originally built over 100 years ago. Since then, the home was elevated (after the Chicago fire) to accommodate the change in the level of the streets, and also underwent a rehab about 10 years ago. Because of the raising of the home, the front door was elevated above street level and front steps were installed. It is my understanding that the city, at any point in time, can ask that the stairs be torn down because of the encroachment. Is there any way to protect ourselves from the city should they actually want us to remove the steps?

A: For those without knowledge of Chicago history, Chicago suffered a massive fire in 1871 that destroyed much of the city. Up until that time, most of the city had been built with wood, and the area had suffered a drought which left most of these wood homes dried out.

Some municipalities will issue letters to homeowners approving of and permitting the encroachment. You may find that you can’t get that from the City of Chicago. However, you may be able to get the title company to give you some protection on this issue. When you close on your home, you should obtain an owner’s title insurance commitment. The title insurance commitment is a document given to you by a title insurance company that details the ownership of the home, whether there are any taxes outstanding on the home, whether there are any liens against the home, including mortgages, and any other matter that affects title.

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