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What Title Issues Can Delay a Real Estate Closing in South Carolina?
What Title Issues Can Delay a Real Estate Closing in South Carolina?
Whether you are buying a home in Mount Pleasant, selling property in Charleston, purchasing land in the Lowcountry, or closing on commercial property elsewhere in South Carolina, title problems can affect timing, financing, and ownership rights.
At Buxton & Collie, LLC, our South Carolina real estate attorneys help buyers, sellers, lenders, agents, investors, and property owners identify and address title issues before they become larger closing problems.
What Is a Title Issue?
A title issue is any problem that affects legal ownership, transfer, or use of real property. Before closing, the title must be reviewed to confirm who owns the property and whether anyone else has a recorded claim, lien, right, or restriction that could affect the transaction.
In South Carolina, real estate closings must be supervised by a licensed South Carolina attorney.
Outstanding Liens
Liens are one of the most common reasons a closing gets delayed. A lien may come from unpaid property taxes, contractor claims, HOA assessments, court judgments, or other debts tied to the property or owner.
A seller in Charleston County may have an old judgment lien. A Mount Pleasant property may have unpaid HOA assessments. A commercial property in Greenville, Columbia, or Summerville may have tax or contractor-related liens that need to be resolved before closing.
How to fix it: The closing attorney can help determine the source of the lien, request payoff information, confirm whether the lien is valid, and coordinate payment or release before closing.
Unreleased Mortgages
Sometimes a prior mortgage was paid off years ago, but the release was never properly recorded. The public records may still show an old lender claim against the property, even though the debt was satisfied.
This issue can come up with older homes in Mount Pleasant, inherited property in the Lowcountry, or properties that have been refinanced several times.
How to fix it: The attorney may need to contact the lender, obtain a satisfaction or release, and make sure the proper document is recorded.
Errors in Public Records
Public record errors can also delay a South Carolina real estate closing. These may include misspelled names, incorrect legal descriptions, missing signatures, defective acknowledgments, or documents recorded incorrectly.
How to fix it: A real estate attorney can review the title materials and determine whether a corrective deed, affidavit, revised legal description, or other recorded document is needed.
Probate and Heirship Issues
Title issues often arise when property is inherited. If probate was not handled properly, or if all necessary heirs were not included, there may be questions about who has authority to sell the property.
This can be especially important for family-owned property, rural land, waterfront property, or homes that have stayed in the same family for many years.
How to fix it: The attorney may review probate records, deeds, wills, estate documents, death certificates, or affidavits. In some cases, additional probate steps or signatures may be required before closing.
Boundary, Survey, and Easement Problems
Boundary questions can delay closing when a survey shows an encroachment, fence line issue, driveway concern, access problem, or improvement crossing onto another property.
Easements can also affect closing. Some easements are expected, such as utility or drainage easements. Others may limit how the buyer can use the property. These issues can matter for marshfront property in Mount Pleasant, rural acreage outside Charleston, commercial parcels along Highway 17, or development sites in the Midlands and Upstate.
How to fix it: A current survey and careful title review can help identify the issue. Depending on the problem, the parties may need an easement, boundary agreement, title endorsement, revised contract terms, or additional negotiation.
HOA and Restrictive Covenant Issues
HOA and restrictive covenants are common in Mount Pleasant, Charleston, Daniel Island, Summerville, and other communities across the state. These documents may affect rentals, renovations, parking, architectural changes, assessments, or transfer requirements.
How to fix it: Buyers should review HOA documents and recorded covenants before closing. If there are unpaid assessments or approval requirements, those issues should be addressed early.
Work With South Carolina Real Estate Attorneys on Title Issues
Title issues are frustrating, but many can be resolved with the right legal guidance and enough time before closing. The earlier a problem is found, the more options the parties usually have to handle it.
At Buxton & Collie, LLC, our South Carolina real estate attorneys help clients address title concerns, closing issues, and real estate transaction matters across Mount Pleasant, Charleston, the Lowcountry, and beyond. If you are buying, selling, refinancing, or investing in property, contact our team to get started.
