Buying or selling a property in Perth can be an extremely pricey process (see our 5 Costs You Need to Know About When Buying a House post) in both monetary terms and time costs. A conveyancer or settlement lawyer helps you get your contracts in order and paperwork lodged, saving you time, effort, and money. To get an idea of C&R Law’s competitive fees, use our calculators to estimate costs.
Something many home buyers forget to consider is how to protect themselves in the event their sale faces unexpected complications. C&R Law strongly suggest and recommend to all our clients that they budget for Title Insurance.
What is Title Insurance?
Title Insurance is used as a risk management tool in your conveyancing transaction. Title insurance is a specialised type of insurance that provides home buyers with protection against certain unknown and hidden risks which may exist at the time of purchase. Many of our clients have specifically benefited from Stewart Title Insurance. Find out more here.
Why do I need Title Insurance?
When buying a property there are many inherent risks which may affect, or cause you loss, of your Perth property ownership. Alternatively, if you already own your home, but still wish to be covered, you can apply for a Residential Existing Owner Policy.
Some of the risks cover is provided for include:
- Illegal Building Work
In the event that Local Authority enforces compulsory action in relation to non-approved structures which have been built by any previous owner of the property without the required Council permits or which do not comply with those permits.
- Survey/Boundary Defects
In some instances, you may be required to remove or relocate a structure because it encroaches over an easement or on to the neighbour’s property. If any adverse matter affecting Title is revealed in an up-to-date survey report you may also be covered.
- Registration Gap
If someone else lodges a dealing during the registration gap which prevents your interest from being registered or recorded Title Insurance provides protection.
- Fraud, Forgery & Identity Theft
Should there be any ownership loss due to fraud, forgery or identity theft or someone else claiming ownership of a part or all the land by adverse possession, Title Insurance is an important protection tool.
- Planning & Title Defects
Often you can suffer a loss due to non-compliance with existing zoning and planning laws, unregistered easements and covenants, access orders, access rights or a right of way, lack of legal access, and defects in title to the land.
- Outstanding Rates & Taxes
Should there exist outstanding rates and taxes on the property which the insured is liable for as the current owner of the property, Title Insurance is a useful protection tool.
- Real–life claims
Below is a real-life claims scenario handled by Stewart Title’s Claims Team:
Non-Compliance with Building Permit
- Insured purchased a waterfront house for $1,650,000
- Following settlement, substantial storms affected locality, resulting in water penetration to windows/sliding doors
- Investigations revealed all windows/sliding doors installed were not the correct specification for locality
- Council required all windows/sliding doors to be replaced in order to bring dwelling into compliance with building permit
- Stewart Title arranged for removal and replacement of 12 sliding doors and windows
- Total cost of window replacement: $96,524.25
- Ensured no further breach and no further action from Council
- Premium Paid: $1058.75
- No Excess
For more Stewart Title examples of insurance claims see here.
Title Insurance is recommended to all buyers, note however, that it does not replace the role of a conveyancer or settlement lawyer. The combination of Title Insurance with C&R Law’s professional legal and conveyancing guidance provides you with the most comprehensive protection against the inevitable risks that arise during your property transferral which may affect your legal ownership of your home.
Interested in how C&R Law can help protect you in the purchasing of your dream Western Australian city or rural property? Visit https://www.candrlaw.com.au/settlement-for-buyers/ or contact us today!