When you buy, sell, or inherit property, it’s easy to focus on the physical aspects- where it is, its condition, and how much it costs. But other important factors are less visible but can greatly affect ownership: property liens and easements.
Liens and easements are legal matters. They impact how you can use the land, how easily it can be sold, and even whether you can use it to secure a loan. That’s why you should understand what they are, how they work, and how to locate them before you sign.
At Abstracts of McIntosh County, we serve McIntosh County, Oklahoma, clients by discovering and clarifying such issues with property titles by using careful title searches and abstracting reports. What follows is what you should know regarding liens and easements prior to your next real estate transaction.
A lien is a claim or hold in law against a property, often used as security for a debt. If the debt is not paid, the lienholder (most often a creditor) may have the right to take or sell the property.
When you borrow money to buy some property, the moneylender puts a lien on the property until you pay back the money.
If a property owner fails to pay state, local, or federal taxes, the county or IRS is able to place a lien on the property. The lien has to be paid off before the property can be sold or refinanced.
Contractors or suppliers who are not paid for their labor or materials may put a lien on the property, even a few months after the project is finished.
If you get sued and lose, they can put a lien on your property so that you will owe them.
Homeowners’ associations may place liens on homes for unpaid homeowner fees or community rule infraction fine charges.
Liens are placed on the property, not a person. For example, if you buy a property with a lien, you could be liable to pay the debt unless it is settled before the sale closes. As part of our abstracting and title search process at Abstracts of McIntosh County, we find all liens that currently exist so that your property rights are preserved.
An easement is a right that allows someone else to use part of your property for a specific use. Unlike liens, easements usually don’t involve money that you owe, but they can restrict what you can use or construct on the land.
Utility companies normally possess easements that allow them to install or repair electrical wires, water pipes, or sewer pipes.
This enables a person to cross through your property, typically to get to their property. This is typical in rural Oklahoma.
These restrict the way in which land development may be carried out to keep it natural, usually for environmental or agricultural purposes.
It occurs when a person uses a parcel of land freely and repeatedly without permission for a specified period.
When a property is landlocked, an easement can be granted to provide legal access.
Easements can determine where you can put a fence and how private you can be. In a few instances, they may even alter the property interest or value of buyers. It is vitally important to know of any easements before a real estate transaction is finalized. Our professional staff in McIntosh County guarantees that all easements are recorded and accounted for when title abstracting is done.
Easements and liens are usually recorded in county land records. They are located by conducting a title search or by preparing an abstract of the title. This is statutory in Oklahoma, which only requires abstracts.
What We Do At Abstracts Of Mcintosh County Is:
If a lien is found on the title, it will need to be released before sale or refinancing. This may include:
Our title experts can coordinate with your attorney, bank, and real estate agent to have these steps completed properly.
Easements usually stick with the sale property. Even though they cannot always be severed, one needs to:\
We ensure you are able to view all easements recorded so you are able to make informed decisions.
Being a trusted name in McIntosh County, Oklahoma, our company provides clear official title abstracts reflecting all known liens, easements, and encumbrances. Below is what you can expect in case you use us:
We are aware of the specific facts about land ownership in McIntosh County, including common easements and rural Oklahoma property-specific lien types.
We don’t just produce quick title reports. We create comprehensive abstracts according to Oklahoma law rules and provide lawyers with all the information they need to analyze the title.
Timing is critical in real estate transactions. Our professional team acts swiftly and accurately to avoid surprises and hold-ups at settlement.
Whether you are a buyer, seller, lender, attorney, or realtor, we’re here to assist you with your inquiries and guide you through your transaction.
It is important to be aware of property liens and easements for any buyer or seller of property. These are legal issues that can impact your rights, your use of the property, and your future ability to sell or get a loan. Your best protection is to have a full title search and abstract prepared by local experts.
At Abstracts of McIntosh County, we are committed to safeguarding our customers’ interests with truthful, open, and reliable title services. Get in Touch Today. Struggling with a lien or easement? Ready to order a title abstract? Could you have one of our staff members call you?