have not been cleared; or possible interests
of minority heirs under a will dating back a generation or more; are
some of the most common causes for imperfect titles. But if one is
patient and the seller is willing to cooperate, such clouds can
usually be removed.
Sometimes one discovers a desirable piece of property with a cloudy
title due to a family feud or the stubbornness of the present owner.
Here it may be to the buyer's advantage to obtain an option on it and
engage a local lawyer experienced in real estate matters to perfect
the title. For example, two spinster sisters lived in their father's
old farmhouse. They were not at all averse to selling, but under the
terms of their father's will, a niece in a state institution for the
feeble minded held a life interest in the place. Her aunts grimly
refused to sell and hand over the sum representing her interest to
her guardian. "Alice has cost us plenty and never been anything but a
source of worry. Not a dollar more of our money goes to her as long as
we live. She is in an institution where she belongs. Besides, her
father was a rascal."
They were willing to sell at a price several thousand dollars less
than like places in the neighborhood were bringing. So a prospective
buyer negotiated an arrangement whereby he acquired an option to buy
the property at this low price, provided he could make a settlement
for the niece's contingent interest at his own expense. It took about
six months but at last a settlement was reached through the courts.
For about five hundred dollars paid to the guardian of the incompetent
woman and an equal amount in court and lawyer's fees, he obtained a
quit claim deed of her interest that satisfied the requirements of the
corporation that was to insure the validity of the title. The day
after the purchase was consummated, the new owner was offered a price
for the property that would have given him a substantial profit above
his investment and expenses, had he cared to sell.
Under such circumstances, however, the buyer should be sure the
property is a good enough investment to be worth so much time and
trouble and he should never embark on such an undertaking without the
best possible legal advice. Most important of all, his contract to buy
should be so drawn that ample time is allowed for the work of
perfecting the title. There should also be a provision allowing him to
withdraw from the contract and to regain his option money, if clea
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