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A clear title means the seller legally owns the property and there are no unresolved liens, claims, or legal issues that would prevent the transfer of ownership to a buyer. This is one of the most important — and often misunderstood — parts of a real estate transaction.
Whether you’re buying or selling, understanding title early can prevent delays, protect everyone involved, and make the closing process far smoother.
What Does “Title” Mean in Real Estate?
A home’s title is the legal record of ownership. It confirms:
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Who owns the property
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That the owner has the right to sell
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Whether anyone else has a legal claim against it
According to the American Land Title Association, a title search reviews public records to confirm ownership and uncover issues that could affect the transfer of property rights.
Common Title Issues That Can Delay or Stop a Sale
Title issues often originate years earlier and may have nothing to do with the current seller. Some of the most common include:
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Unpaid property taxes or tax liens
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Contractor or mechanic’s liens
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Errors in public records or legal descriptions
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Undischarged mortgages or home equity lines
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Probate or estate-related ownership issues
In Massachusetts, public ownership and lien records are maintained by the Registry of Deeds.
Why Clear Title Is Critical for Buyers
For buyers, a clear title ensures you receive full legal ownership of the property. Without it, buyers could face legal or financial issues after closing.
A proper title review helps confirm:
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The seller has the legal right to sell
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No one else can claim ownership or rights
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The lender can safely fund the mortgage
Most buyers also purchase title insurance, which provides protection against hidden title issues that may not appear in public records.
Why Early Title Review Matters for Sellers
For sellers, reviewing title early — before or shortly after listing — can prevent last-minute surprises that delay or derail a sale.
Some real estate attorneys, including Crowley & Cummings, review title at the beginning of the process to identify potential roadblocks early. Attorney Arielle Cecala often emphasizes that proactive title work for sellers allows time to resolve issues calmly, rather than under the pressure of a closing deadline.
Early title review helps sellers:
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Avoid delays once under contract
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Keep buyers confident and engaged
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Reduce the risk of deals falling apart late
Who Handles Title in Massachusetts?
In Massachusetts, real estate attorneys play a central role in the title process. They conduct the title search, identify issues, coordinate with lenders, and help ensure the transaction closes cleanly.
This attorney-led process provides an added layer of protection for both buyers and sellers.
The Bottom Line
Title issues can quietly slow down or complicate a sale if they aren’t addressed early. Taking a proactive approach helps buyers feel confident, sellers stay in control, and the transaction move forward more smoothly.
If you’re planning a move and want to understand how title could come into play—or how to prepare ahead of time—I’m always happy to help you think it through.
