How Do I Confirm a Property Is Free and Clear Before Purchasing?

Buying property is one of the biggest investments most people make. Before you hand over money at closing, you need to be sure the property is “free and clear”. This means it doesn’t come with unpaid debts, liens, or ownership disputes that could cost you later.

So how do you confirm that? The answer lies in careful due diligence and a little legal backup.

What Does “Free and Clear” Mean?

When a property is “free and clear,” it means the title is not encumbered by:

Liens

Claims against the property for unpaid debts (mortgages, taxes, contractor liens, judgments).

Easements

Legal rights that give someone else access to or use of part of the property.

Ownership Disputes

Issues where heirs, business partners, or others may still have a claim.

In short, you want to know you’re getting full legal ownership, not someone else’s headaches.

The Key Steps to Confirm Clear Title

Here’s how the process usually works in Texas:

1. Title Search

A title company or real estate attorney will perform a title search. This involves reviewing county property records to verify the chain of ownership, check for liens, and identify restrictions.

2. Title Commitment & Exceptions

If you’re buying property with financing, the lender will typically require title insurance. Before issuing the policy, the title company provides a title commitment listing any “exceptions” (such as existing easements or covenants) that will carry forward even after you purchase. It is critical to review these carefully.

3. Survey of the Property

A survey helps confirm boundary lines and whether any improvements (like fences or driveways) cross into neighboring property or violate easements.

4. Title Insurance

Purchasing title insurance protects you if a hidden issue later surfaces, such as a missed lien or an heir who makes a claim. Even cash buyers should strongly consider it.

5. Attorney Review

A real estate attorney can review the title documents, explain what exceptions mean in practice, and catch issues the title company may gloss over.

Common Red Flags to Watch For

Even with a thorough title search, certain issues can slip through the cracks if you’re not looking closely. Before closing, it’s important to review the title documents for warning signs that could create problems down the road. Some of the most common red flags include:

• Unreleased mortgages or home equity loans

• Unpaid property taxes

• Mechanic’s liens from past construction work

• Judgments against the current owner

• Rights-of-way or easements that affect use of the land

Any of these could cloud the title and make you regret skipping a closer look.

Why Legal Guidance Matters

Even the most diligent title company only goes so far. They’re focused on identifying issues, not protecting you from their consequences. That’s where having a real estate attorney can make a difference. An attorney looks beyond the checklist to interpret what the findings actually mean for you, resolve problems before they derail your closing, and make sure your investment is fully protected.

• Explain legal jargon in plain English

• Advise if an exception is a serious problem or minor issue

• Negotiate with the seller to clear up problems before closing

• Ensure your ownership rights are fully protected

Protect Your Investment with the Right Legal Partner

Making sure a property is free and clear before closing is one of the smartest ways to protect your investment. With the right title search, title insurance, and legal review, you can move forward with confidence knowing your investment is protected.

If you’re buying real estate in Texas and want peace of mind, LDG PLLC can guide you through the process and safeguard your purchase.