Legal Title Issues

Your Florida real estate attorney or title company will investigate the legal title of the property you want to buy, and may find issues with the legal title you’ll need to understand.

In Florida for example, an implied easement arising from preexisting use is not recognized unless there has been a prior grant of an easement in a valid document that is too ambiguous to create an express easement. An implied easement exists where a person grants lands to which there is no accessible right-of-way except over her or his land, or retains land that is inaccessible except over the land which the person conveys. In such instances a right-of-way is presumed to have been granted or reserved. Such an implied grant or easement in lands or estates exists where there is no other reasonable and practicable way of accessing the property, and an easement is reasonably necessary for the beneficial use or enjoyment of the part granted or reserved.

The property you’re interested in may also be subject to a “lien,” which is a charge on the property to satisfy a debt or other obligation owed by the current owner of the property that has been recorded in the public records.

In Florida, liens on a piece of property may include:

Construction liens

Tax liens

Mechanics lien

Unpaid federal and state tax liens

Unpaid child support

Closing Costs

In Florida, you can expect to pay for the following charges – called “closing costs”-at the time you purchase your home:

Down payment

PMI insurance

Lender points

Loan origination fee

Appraisal fee

Credit report

Tax service fee

Assumption fee

Pest inspection fee

Other inspection fees

Title search

Title insurance

Survey of property

Hazard insurance reserve

Prepaid interest

Mortgage insurance

Tax impounds

Escrow fee

Lender attorney fees

The above fees are typical costs when purchasing a home in Florida counties. Most of the fees are considered buyer’s nonrecurring closing costs. Some of the fees are fixed while others are negotiable.