5 Costly Risks a Title Review by Real Estate Attorney in Pelham Manor Can Help You Prevent

5 things that can go wrong without a title review by a Real Estate Attorney in Pelham Manor

A Real Estate Attorney standing infront of a property in Pelham Manor

If you’re buying property in Pelham Manor, there’s a good chance you’re dealing with a legacy home. Maybe a century-old colonial, a waterfront property, or a parcel that’s changed hands a few times over the years.

And the person who ensures your title is clean before your money is wired, your name is recorded, and your liability becomes real is your Real Estate Attorney in Pelham Manor.

You might fall in love with the crown molding, the tree-lined street, or the short commute to Manhattan.

But here’s what you won’t see on the listing:

  • A lien from a past contractor who never got paid
  • An easement giving the neighbor legal access across your future driveway
  • An error in a deed from 40 years ago that means part of your land isn’t actually yours
  • Or a “shared” garage that turns out to be fully owned by someone else

This is why title review isn’t optional. It’s non-negotiable.

First, What Is a Title and Why Does It Matter?

When people think about buying property, they focus on what they can see. But ownership is about what’s on paper, not just what’s on the land.

Title is the legal record of ownership. It tells the story of who owns the property, how they acquired it, and what rights or restrictions are attached to it.

It should be simple. But in practice, it’s often anything but especially in older communities like Pelham Manor, where properties have history, not just curb appeal.

What Can Go Wrong Without Proper Title Review?

7 Common Legal Issues Buyers and Sellers Face (and How a Real Estate Lawyer in Westchester Can Help You Avoid Them)

You’d be surprised how many deals go sideways because the buyer never had a Real Estate Attorney thoroughly review the title documents. They relied on the title company alone, or assumed “everything looked fine”, until it wasn’t.

Here’s what that can look like in the real world:

1. Liens That Don’t Belong to You, But Suddenly Do

A prior owner hired a roofer, never paid them, and now there’s a mechanic’s lien against the property. The lien follows the property, not the person. So guess who’s on the hook after closing?

2. Easements That Limit Your Use of Your Own Land

An easement gives someone else legal access to a portion of your property. Could be for the town’s utilities. Could be your neighbor’s driveway. Could be a shared path that was never recorded properly.

Your Real Estate Attorney will read the easement agreements and tell you what that access means before you sign a deal thinking you own something you can’t fully use.

3. Boundary Issues That Trigger Disputes

Let’s say a survey from 1958 shows the fence line one way… but a modern GIS map shows it another. If there’s confusion about who owns what, even just a few feet, it can lead to legal disputes, expensive remediation, and a major headache.

In Pelham Manor, where property lines are often decades old, this isn’t uncommon.

4. Old Deed Errors That Create Ownership Gaps

Sometimes, deeds are recorded incorrectly. A name is misspelled. The parcel number is wrong. An owner was left off. Those mistakes sit quietly in the records until someone does a title review. Or worse, until the property is sold again and suddenly you’re the one who has to clean it up.

5. Restrictions You Didn’t Know About

Some properties come with deed restrictions or covenants. These are rules written into the title that limit what you can do with the land.

You may not be allowed to add a second structure. Or run a business. Or even change the color of the house without HOA approval. A Real Estate Attorney in Pelham Manor will flag these before you buy into rules you didn’t agree to.

So Why Not Just Rely on the Title Company?

Here’s the part a lot of people don’t understand:

Title companies aren’t working for you. They’re working to issue insurance.

Yes, they’ll do a title search. But their job is to reduce their risk, not necessarily yours. They’ll gloss over issues that don’t technically block the sale, but that could still become your problem after closing.

Your Real Estate Attorney in Pelham Manor, on the other hand, works for you.

They’re not just checking the boxes. They’re evaluating legal exposure, analyzing historical title records, and telling you what’s missing, what’s wrong, and what needs to be fixed before you move forward.

That’s not something a title company is paid or qualified to do.

A Real Estate Lawyer in Westchester helping couple prevent real estate legal issues

What Your Real Estate Attorney Actually Does During Title Review

Let’s break it down. Here’s what happens when you bring a Real Estate Attorney in Pelham Manor early and properly:

1. They review the title report and supporting documents.

Your attorney doesn’t just skim the report. They examine the chain of title, check for gaps, assess prior conveyances, review easements, confirm tax payments, and identify potential problems.

2. They coordinate directly with the title company and seller’s attorney.

If there’s a lien, unpaid taxes, or missing paperwork? Your attorney gets it resolved. They negotiate curative measures, hold funds in escrow if needed, and ensure everything’s cleared before closing.

3. They explain exactly what you’re buying and what you’re not.

Is that strip of land behind the house yours? Does the garage sit on your lot or the neighbor’s? Does the seller have the legal right to transfer the property as described?

Your Real Estate Attorney in Pelham Manor will tell you, in plain language, what the documents mean before you commit.

4. They make sure you’re not liable for someone else’s past.

Unpaid water bills? Court judgments? A shared wall that turns into a lawsuit?
Without proper title review, all of that can follow you. With the right legal review? You sidestep it entirely.

Why This Is Especially Important in Pelham Manor

Pelham Manor has charm and with that charm comes history. And with history? Comes complexity.

Homes here may have changed hands several times, been subdivided, merged, renovated, or inherited. Some lots have boundary quirks. Others have legacy easements. And with property values what they are, you don’t want to be the buyer who finds out too late.

A Real Estate Attorney in Pelham Manor isn’t just helpful, they’re essential.

Don’t Just Close the Deal. Close It Clean.

There’s no “undo” button in real estate. Once you buy the property, the title and everything attached to it, is yours. Good, bad, or dangerously unclear.

That’s why title review by a Real Estate Attorney isn’t just a formality, it’s protection.

It’s your firewall against lawsuits. Your insurance against assumption. Your second set of eyes when everyone else is rushing to close.

Don’t close blind. Don’t rely on guesswork. Bring in an attorney who sees what others miss and protects what’s yours before it’s ever at risk.

Work With a Real Estate Attorney Who Knows Pelham Manor

Are you looking for a Real Estate Attorney in Pelham Manor, you won’t go wrong in choosing Cormac McEnery Law Firm. Our attorneys have practiced estate litigation law for decades with the precision and scrutiny they deserve. We’ll help you avoid costly mistakes, resolve title issues before they turn into legal disputes, and close with confidence.

Let’s make sure your title is clean, your contract is clear, and your closing is exactly what it should be airtight. Give us a call at 718-885-1234 today!

Share:

More Posts

Send Us A Message