Legal Question in Real Estate Law in Virginia

title problem

I gave my son and daughter-in-law five acres of land as a gift. I purchased a title insurance policy when I bought it but not one when they received it as a gift. They built a home on it and were getting ready to close when the buyers attorned informed us that there is a problem with the title. It seems that years ago the property was sold. The seller was in a mental institution and her only heir signed to sell the property with a letter that said the seller resided in a named institution and he was signing as her only heir. There is no power of attorney recorded nor is there a death certificate. Will the title policy that I purchased when I bought it cover this problem?


Asked on 11/30/06, 8:57 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: title problem

If you gave a warranty deed to your kids, it may still provide coverage to you to defend their claims against you. You may have clear title based on the doctrine of estoppel by deed, or by adverse possession, and it may not be that difficult to fix. You should consult a lawyer to go over this in detail.

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Answered on 11/30/06, 11:23 pm


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