Most people don't read their deed or properly reserach the original
> title of the property their buying or of the surrounding area. Most
> deed convenants are very tightly binding and very difficult to
> overturn. An exception was convenants that limited subsequent sale to
> certain ethnicities; they have been voided by law.
> As to the issue of conveying clear title, this is true, and certainly
> the woman could sue the former owner if it turned out IBT in fact had
> an easement that wasn't disclosed in the title. HOWEVER, there's two
> old expressions in real estate: "you can't sue bricks" and "you can
> sue me if you can find me". In other words, any questions should be
> resolved before the property is purchased, not after because it's > damned hard too.
**
The critical issue in real estate is to get everything in writing and
> keep the papers permanently. If you're buying a property, make sure
> the seller or agent answers all your questions in writing before you > sign for it.
Use an attorney. Always. I've only bought real estate twice, once with and once without a real estate agent, but both times I had my attorney do a title opinion and part of the original offer to purchase the property had a clause that offer was contingent upon a clear title and acceptable title opinion from my attorney. I would never purchase property of any kind without having my attorney do a title opinion and review all the documentation relating to the sale first. Some people claim that is what the agents are for, but their only concern is their commision, they could care less about the buyer and seller.