For Sellers:
Selling a house is one of the most
significant legal transactions you'll ever
participate in. It's important to know your
legal rights and understand the process
Legal Title Issues
The Law Office of Paul M. King will
investigate the legal title of the property
you want to sell, and may find issues you'll
need to understand. you'll need to
understand.
In Massachusetts, for example, an
implied easement may be present where
there is an easement by necessity.
Generally, whenever a transfer occurs that
results in a "landlocked" parcel and there
is no method of access whatsoever, except
over the land retained by the seller, or
over the land of a stranger, then the
necessity is recognized. Another implied
easement is recognized when land in one
ownership is divided and, at the time of
division, one portion is being used for the
benefit of the other portion.
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. A lien encumbers
property as long as it exists and has been
recorded in the public records.
In Massachusetts, liens on a piece of
property may include:
- Mortgage
- Construction or mechanic's lien
- Judgment liens
- Estate tax lien
- Federal tax lien
- State tax lien
- Unpaid municipal utilities (water,
sewer and electric lights)
- Past due child support lien
In Massachusetts, you may need to pay for
the following charges - called " closing
costs"-at the time you sell your home:
- Satisfying remaining balance on
loan, if house not paid in full
- Transfer taxes
- Documentary stamps on the deed
- Title insurance
- Property taxes (prorated)
- Broker's commission
- Home inspection
