Title Company Found a Problem With My Land: How to Read It
Problem Land Encyclopedia: Title & Ownership
Usually less serious than it sounds. A title company almost always flags something — that’s the job. What matters is understanding which type of item you’re looking at, because a title commitment treats two very different things as if they’re the same kind of concern.
This guide is general information, not legal or title advice. Every title commitment and every flagged item is specific to the parcel and the title company’s own underwriting. Contact the title company directly, or a real estate attorney, to understand what applies to your specific situation.
The Distinction That Resolves Most of the Panic
A title commitment, built on the standard ALTA form used nationally, has three main parts: Schedule A states what’s being insured — the property, the current owner of record, the policy amount. Schedule B, Part I lists requirements — things that must be done before the policy can issue: pay off a lien, record a corrective deed, obtain a release, complete probate. Schedule B, Part II lists exceptions — things the policy will not cover, ever, regardless of what else happens.
A requirement is a to-do list. An exception is a gap in coverage. Most people treat both the same way — as “a problem with my land” — but they’re genuinely different, and one of them is often routine and not a real concern at all.
What’s Commonly Flagged, and What It Usually Means
| What was flagged | What it usually points to |
|---|---|
| An old mortgage or deed of trust still showing as open | Likely paid off long ago but never formally released — a requirement usually resolved by locating the release |
| A judgment, tax, or mechanic’s lien against the owner | A requirement that must be paid, released, or resolved before closing |
| Delinquent property taxes or an outstanding tax certificate | A requirement typically resolved through the closing process itself |
| The owner of record is deceased, estate never probated | Likely an heirs’ property situation — see our Heir Property guide |
| The name on the deed doesn’t match the seller’s name | Likely a name mismatch — see our guide on owner name vs. tax records |
| An error or conflict in the legal description | Likely a Clouded Title issue — see our Clouded Title guide |
| A survey exception, or an acreage discrepancy | Likely a survey/deed mismatch — see that guide |
| An easement of record, or unclear legal access | Likely an access issue — see our Unrecorded Easement or landlocked guide |
| An HOA or POA assessment lien | See our guide on unpaid HOA/POA dues |
| A gap in the chain of title, or an entity grantor that no longer exists | A genuine Clouded Title issue requiring closer review |
Exceptions That Usually Aren’t a Real Problem
Standard exceptions appear on nearly every commitment regardless of the property, and they alarm people unnecessarily. Things like rights of parties in possession, unrecorded easements, or matters a current survey would disclose are boilerplate language, not a finding specific to your land — many are removable from a policy entirely with a current survey and an owner’s affidavit at closing.
How to Read Your Own Commitment
- Read Schedule B, Part II (exceptions) first, then Schedule B, Part I (requirements) — the exceptions tell you what won’t be covered, the requirements tell you what still needs to happen.
- Check the commitment’s effective date — anything recorded after that date isn’t reflected yet and may need a follow-up search closer to closing.
- For each flagged item, ask: is this a requirement (something to resolve) or an exception (something excluded from coverage) — they need different responses.
Related Land Problems
- Clouded Title — the broader category for record defects that prevent a clear transfer
- Heir Property — when a deceased owner of record signals an unresolved inheritance
- Unrecorded Easement — when access rights are missing or unclear in the land records
- Boundary Disputes — when a survey exception points to an actual property line disagreement
Need to compare this issue with other difficult land conditions? Browse every land issue in the encyclopedia.
Frequently Asked Questions
Does a flagged item mean I can’t sell my land?
No, not by itself. Most flagged items are requirements — things to resolve before closing, not permanent defects
What’s the difference between a requirement and an exception?
A requirement must be satisfied before the policy issues — it’s actionable. An exception is something the policy simply won’t cover, which may or may not actually matter depending on what it is
Are standard exceptions something I need to worry about?
Usually not — they appear on nearly every commitment and are often boilerplate rather than a finding specific to your property. A current survey and an affidavit can often remove several of them.
Who resolves the requirements — me or the buyer?
This is usually negotiated as part of the transaction, and can vary by contract. It’s often the seller’s responsibility to clear title-related requirements, but confirm this with your title company and purchase agreement.
Have a Title Commitment With Something Flagged You Want to Sell Through?
If you own 10+ acres and a title company flagged something you’re not sure how to handle, you don’t need it fully resolved before reaching out. SellMyVacant may be able to review the property directly. We evaluate difficult rural and vacant land individually, including parcels with title requirements or exceptions on record.
This request is not a legal or title opinion, and not a guarantee of an offer.
Request a Problem-Land Review
Tell us the county and state, approximate acreage, and what the title commitment flagged — whether it’s listed as a requirement or an exception, if you know. If the property fits our buying criteria, we’ll review it and let you know whether a direct cash offer may be possible.
Important disclosure
Sell My Vacant is a direct land buyer, not a law firm or title company. Nothing on this page is legal or title advice. Every title commitment is specific to the parcel and the issuing company’s underwriting. Contact your title company or a real estate attorney to understand what applies to your specific situation.
References
- American Land Title Association — 2021 ALTA Commitment for Title Insurance form structure (alta.org/policy-forms)