Purchase Property


Construction News Special Focus X-Communication and X-presso Books: Tony Dierckins Around The Region Role of women in region's economy grows: wages are rising but it remains a perilous place for single mothers On The Move NRRI Forest Products promotes lean manufacturing processes News Makers Newsmakers for November-December Construction Minimize risk when you purchase real estate Thursday December 29, 2005 Business News CNNfn CBSMarketwatch Bloomberg Reuters BusinessWeek PRNewswire Political News Salon Slate The Atlantic The Nation Mother Jones Sports ESPN Local Sports Comment on This Story / Send This Article to a Friend Construction News Minimize risk when you purchase real estate 10/14/2005 by Paul Kilgore and Melissa Maloney Purchasing real property involves a substantial financial investment. Whether buying real property to start or relocate a new business, or solely for investment purposes, you can take certain steps to protect your investment. Together, a title insurance policy and survey can protect you from many of the risks. Title Insurance A title insurance policy insures the status of the title to a parcel of real property. Simply put, title means the formal right of ownership of property. While most insurance policies insure against unforeseen future risks, title insurance insures against possible defects in title based on events that have already happened. A title insurance policy may be an owners policy, issued to the purchaser of real property, or a lenders policy, issued in favor of the lender that finances the purchase. An owners policy provides for reimbursement of damages suffered by an owner as a result of title being different than that stated in the title insurance policy. Reimbursement is available up to the stated amount of the title insurance policy. Title insurance also covers attorneys fees and other costs of any covered claim. A lender financing a real property purchase almost always will require the purchaser to obtain and pay for a lenders policy of title insurance. Among other things, a lenders policy insures the lender has a valid, enforceable lien on the purchased property, and that the lien has priority over any other lien. A lenders policy should not be relied upon to protect the purchaser in case of a title defect. Most standard real estate purchase agreements require the seller to pay for and provide the purchaser with a commitment from a title insurance company to provide title insurance. The preparation of that commitment involves a search of the public records to determine the status of title. This process can take a title company a few days or a few weeks, depending on the complexity of the propertys title history. A title insurance commitment is the insurers proposal regarding the terms of the policy. To some extent, these terms are negotiable. The commitment includes the legal description of the property, its fee owner, the proposed insured party, and any exclusions from coverage. A title insurance commitment typically excludes coverage for liens, easements, or mortgages already recorded in the public records, as well as any facts - such as encroachments and roadways - that would be revealed by a survey. The purchaser, rather than the seller, typically pays the one-time premium for an owners policy. This responsibility may be negotiated between the parties. The premium is based on the purchase price. An owners title insurance policy provides coverage throughout the insureds ownership of the property. If it later is conveyed by warranty deed, coverage continues (for the insured party, not to the new buyer) even after the property is conveyed. Survey A property survey is the process by which a parcel of land is measured, and its boundaries and contents ascertained and mapped. The finished product of a survey most often is a scaled drawing that illustrates locations of buildings, fences, streets and other improvements in relation to property lines. A survey assists the parties to a real estate transaction in understanding exactly the property included in the transaction. In Wisconsin, only a professional land surveyor licensed by the states Department of Regulation & Licensing may perform a survey. The cost depends on the characteristics of the area to be surveyed, including the parcel size and level of detail required by the transaction. From the buyers perspective, the purchase agreement should make the obligation to purchase contingent upon an A.L.T.A.(American Land Title Association) survey by a registered land surveyor, with the results acceptable to the purchaser. The purchase agreement also should state who will pay for the survey. It should be ordered early in the purchasing process to allow sufficient time for completion. Obtaining the survey early also will leave time to deal with title defects or other issues the survey may reveal. To remove the title insurance policy exclusion regarding facts ascertainable by a survey, a recent survey performed by a registered land surveyor must be presented to the title insurer, along with the surveyors certificate of no encroachments. An encroachment occurs when a building or other improvement to a parcel of real estate overlaps the boundary line and encroaches onto a neighboring land parcel, or when a neighboring improvement overlaps onto the insured property. Therefore, unless a survey is obtained and the survey exclusion is deleted, a title insurance policy alone does not protect a purchaser if an encroachment is later discovered. The title insurance commitment and survey should be examined by the purchasers attorney well in advance of closing to allow time to work out any title issues and to negotiate the terms of the title insurance policy. The bottom line: A comprehensive title insurance policy and survey protects the buyer from undiscovered title issues and minimizes risk in a real estate purchase. Paul Kilgore is a shareholder at Fryberger, Buchanan, Smith & Frederick, and practices in the areas of real estate acquisition, finance, litigation and mineral rights law. Hes a certified real property law specialist. Melissa Maloney is an associate attorney at the firm, practicing in the areas of commercial and residential real estate. They can be reached at the law firms Duluth office at 218-722-0861. Previous Construction Articles: Minimize risk when you purchase real estate -10/14/2005 Permit process begins for Range mine, steel mill -8/26/2005 UW-Barron County due for $6.5 million renovation -8/26/2005 Grand Marais landmark slated for vacation condos -5/27/2005 Resort condo developer markets phase 2 sales -5/19/2005 -- Site Map Home Page About Us Advertising Archives Around the Region BN Columnists BN Lists Business Law Business Mentor Calendar Coaches Corner Construction Daily Briefing Editorials Exclusives Investing Letters to the Editor News From KUWS News From KDAL Marketing Newsmakers Nonprofit Hotline On the Move Press Releases Search Send Us News Special Focus Stock Charts Subscribe Now! 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Colorado Real Estate -

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Arvada Aurora Berthoud Boulder Broomfield Castle Rock Denver Englewood Erie Estes Park Evans Evergreen Firestone Fort Collins Fort Lupton Fort Morgan Frederick Golden Highlands Ranch Johnstown Lakewood Lafayette Littleton Longmont Louisville Loveland Lyons Nederland Niwot Parker Severance Superior Thornton Wellington Westminster Windsor Please select if necessary Arvada Aurora Berthoud Boulder Broomfield Castle Rock Denver Englewood Erie Estes Park Evans Evergreen Firestone Fort Collins Fort Lupton Fort Morgan Frederick Golden Highlands Ranch Johnstown Lakewood Lafayette Littleton Longmont Louisville Loveland Lyons Nederland Niwot Parker Severance Superior Thornton Wellington Westminster Windsor Please select if necessary Arvada Aurora Berthoud Boulder Broomfield Castle Rock Denver Englewood Erie Estes Park Evans Evergreen Firestone Fort Collins Fort Lupton Fort Morgan Frederick Golden Highlands Ranch Johnstown Lakewood Lafayette Littleton Longmont Louisville Loveland Lyons Nederland Niwot Parker Severance Superior Thornton Wellington Westminster Windsor Contact Information Name: * First Name: Last Name: E-mail: * (Valid email address is required to receive listings) Re-enter E-mail: * Phone Contact: * Home Phone: Work Phone: Information that will help us serve you better Your level of Interest: * I have a HIGH interest in buying a home and am ready to start visiting homes now. (Please provide your phone number) I have a MEDIUM interest in buying a home, but I just started my search and need to become more familiar with the market. I do not have any definite plans to move at this time. I am just curious about the listings that are currently on the market. I currently: * live in Colorado plan to move to Colorado Your Comments Any additional information that will help us better understand your needs I agree with Colorado HomeFinder Terms & Conditions Just getting familiar with Denver Colorado real estate? Or, do you know the exact street where you want to live? No matter what stage you are in your Denver home search, Automated HomeAlert is for you! The latest technology makes finding Denver homes for sale easier than ever ! Automatic email notification of new listings and access to all the Denver real estate listings from all the brokerages saves you time - and makes searching for homes fun. You are in control! 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Denver Real Estate - Find Homes in Denver at REALTOR.com Denver Real Estate Find Homes For Sale In Greater Denver, Colorado 5432 Listings in this area Select an area of Denver Select from the list below to search for homes and real estate in Greater Denver BOM-Boulder Mountain BOP-Boulder Plains BOU-Boulder BRM-Broomfield JFC-Jefferson County Central JFN-Jefferson County North JFW-Jefferson County West (Golden) JNC-Jefferson County North Central LAF-Lafayette LBE-Loveland/Berthoud LNG-Longmont LSV-Louisville MCP-Mountain Conifer Pine MGC-Gilpin County Mtn MJN-North Jefferson County Mtn NNW-North Northwest Suburban NSW-North Suburban West Other Areas To select two or more, hold down control key (command key on a Macintosh) while clicking mouse. or... Enter the MLS # Search in popular metros: Atlanta | Austin | Boston | Chicago | Dallas | Denver | Houston | Las Vegas | Long Island | Los Angeles | Memphis | Miami | New York City | Orange County | Palm Beach | Phoenix | Sacramento | San Diego | Seattle Site Map | Corporate News & Info | Contact Us | Advertise With Us | Join our staff Terms of Use and PrivacyPolicy . 1995- NATIONAL ASSOCIATION OF REALTORS and Homestore, Inc. All rights reserved. Equal Housing Opportunity REALTOR.com is the official site of the National Association of REALTORS and is operated by Homestore, Inc. REALTOR -- A Registered collective membership mark that identifies a real estate professional who is a member of the National Association of REALTORS and subscribes to its strict Code of Ethics. Inquiries regarding the Code of Ethics should be directed to the board in which a REALTOR holds membership.



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