Clear and Marketable Title - North Georgia Blue Ridge Mountains

Title Issues

Most Purchase and Sale Agreements will require "clear and marketable title" for land.  A title insurance company will issue a title on the property being purchased.  There will almost always be some exceptions in the title search which will be acceptable.  Other exceptions require a closer look are:

Right of First Refusal is a title exception which requires the owner of the property for sale to contact the person who has been granted Right of First Refusal.  Usually, there will be a time limit for the Right holder to purchase the property under the terms of the accepted offer. 

Right of First Refusal may cause some potential problems, such as:

•  Marketing the property could cause trouble for the seller
• The buyer will have to wait to see if the Right holder decides to buy the property leaving the buyer to change his/her mind
• If the Right holder decides to purchase the property, the Broker may not receive a commission

Covenants and Restrictions -  (CCR) A set of restrictions designed to protect and control the use and upkeep of property.  The goal is to increase property value.  A homeowner's association (HOA) used in residential subdivision uses dues which homeowners pay to maintain an entrance and common elements.  Zoning codes on the property usually are not as restrictive as covenants and restrictions.

A deed restriction is when a property owner holds title to one or more restrictions found in the deed.  These restrictions may never expire.  Let's say you have a 10 acre tract of land and the zoning code allows the property to be divided into 10 lots.  However, there could be a deed restriction that would prohibit the 10 acre tract from being divided into lots less than 5 acres. The deed restriction would take precedence over the zoning restriction.

The information provided above is intended for information only and is not in any way dispensing legal advice.  Please consult with the proper Title Insurance Company for more information or a real estate attorney for legal advice.