I need help with clarification of condo owner title insurance policy?

Question

Hi--I have been reading all the posts and have already learned a lot. Some answers led to more questions for me and I would appreciate any help in clarifying.

I own a condo in MA and have owned the property for 2 1/2 yrs.

Does the title insurance company do its own survey or would they have used a site plan made for the association? What about the floor plan? This is in my first unit sold deed package and is not drawn correctly even though there is an architects certification saying it is.

The site plan does not show an easement I learned of that is owned by a local utility. Does this affect my title?

All of the condo docs are innacurate including sizes of units and percentages, and MA condo law requirements were not followed before and after my sale, is this a title issue? Is there some type of warranty on my deed which the Title company will pay me for?

I am so tired of all of this.If I had known about the issues ahead of time, I never would have bought here.Thank you.

Answer 1

You have numerous questions here, and sad to say, the greater majority will not be covered by your title insurance.  Bluntly, title insurance ONLY covers questions or clouds to the actual title of the property.  Hence, the title firm will have nothing to do with any inaccuracies relative to the floor plans.  If the easement in question was part of your title at purchase, there is nothing there either for which there would be coverage.

The nature of your questions leads me to think that you are approaching the wrong source for resolution.  It sounds as though the developer itself did not follow certain laws, etc.

Litigation on your part would then be against the developer, and not the title firm.  Again, the title firm ONLY insures that the title you received was clear and proper.  All these other issues are yours and the developer's to resolve.

Answer 2

The TITLE insurance is only for the OWNERSHIP of the property - the title, as the deed is described at your county courthouse.  It is NOT a survey.

Utility easements are on MOST properties, and won't affect your title.  The size of the unit is NOT a title issue.  You don't get "money" if the size is different, from the title company.

All that it really covers, is if a prior owner comes forth and says, Hey!  That person doesn't own this property after all, because 18 transfers ago, the transfer paper was forged!  Or something like that.