Hastings Business Law Journal


Peter Soskin


Out of the many issues facing homebuyers, arguably, the most important is ensuring that title to their property is free and clear of encumbrances. The buyer must follow prescribed protocols in order to ensure and protect ownership rights over property and avoid later claims. This note will compare title protection procedures and costs for residential real estate in United States and Continental Europe. The concludes by explaining how the different procedures for ensuring transfer of good title, or at least financial protection from third party claims, are the result of each region's unique historical development.