Are you looking for a title insurance lawyer in Davie, FL?
At Loshak Law PLLC, we provide title insurance representation grounded in more than 13 years of work on behalf of clients in Davie.
If you are buying land in Davie, the deed description and the survey should describe the same piece of ground. Our Davie, FL title insurance lawyer compares the two, clears what the underwriter flags, and issues the owner’s and lender’s policies.
Loshak Law PLLC searches title, resolves defects, and writes policies as an authorized agent. We handle residential acreage, subdivision homes, and commercial property. Contact us to schedule a consultation.
Title Insurance Lawyer Davie, FL
A title insurance attorney examines the recorded history of a parcel and arranges the policy that protects the buyer or the lender. On a platted subdivision lot, that history is short and clean. On land held by one family since the groves came out, the file grows. It can include handwritten descriptions, easements granted to a drainage district, and a fence built where someone thought the line was.
Broward County still had 658 farms covering about 13,007 acres in 2022, according to the USDA agriculture census. A good share of that land sits in and around Davie. Parcels held that long often have descriptions written before the subdivisions around them existed. Davie also has plenty of platted lots, and those files move quickly.
Types of Title Insurance Cases We Handle in Davie
Title questions in Davie tend to start with the land itself rather than the paperwork. Our title insurance attorneys handle the matters below.
- Survey and boundary coverage. A barn, a fence, or a driveway that crosses the line shows up on a current survey. Without that survey, the policy excepts boundary problems entirely, so we order one and read it against the commitment. An encroachment found before closing is a negotiation. Found afterward, it is a claim.
- Older legal descriptions. Metes and bounds descriptions drawn decades ago can leave gaps or overlaps with the neighbor’s deed. We trace the description back through the chain and prepare the corrective instruments an underwriter wants. A surveyor and a title examiner sometimes read the same words differently.
- Easements and access. Some parcels reach the road across someone else’s land. We confirm the easement exists in the record, covers the use, and names the right parties, because a handshake arrangement does not insure. Access rights also affect what a lender will finance.
- Canal and drainage district rights-of-way. Water control districts hold easements along canals throughout central Broward. Those easements limit what an owner can build near the bank, and a public agency also has a right to survey land it may need. We check the district’s records alongside the county’s.
- Family transfers. Land passed between relatives often moves by quitclaim deed, sometimes without a title search. We check whether an earlier lady bird deed or an unrecorded agreement affects who owns what today.
- Estate gaps in the chain. A deceased owner’s interest does not pass on its own. We resolve probate title issues so the underwriter will insure the sale. Ancillary administration applies when that owner lived in another state.
- Policy review for buyers. Buyers see the commitment days before closing and rarely know which exceptions matter. We explain what a policy covers and request the endorsements worth having. Endorsements are easier to obtain before the commitment is final.
- Real estate closings. We clear the requirements, handle the payoffs, and issue the policies once the county records the deed.
- Land use and zoning. Recorded conditions from an old approval can limit a new owner’s plans, and we flag them during the search.
- Commercial real estate. Commercial policies need endorsements for access, contiguity, and zoning, which we negotiate with the underwriter.
Why Choose Loshak Law PLLC as My Title Insurance Lawyer in Davie, FL?
We Read the Survey Before We Read the Policy
Most title problems on Davie land are visible from the driveway. A neighbor’s fence sits eight feet inside the line. The barn straddles an easement. The driveway crosses a strip nobody ever deeded to anyone. A title search alone will not catch any of that. So we start with the survey, compare it to the legal description and the recorded easements, and then decide what the policy has to cover. Buyers get that review while the contract still allows an objection. That approach is what a real estate lawyer in Davie, FL brings to a title file that a forms-based closing does not. Sellers get the same review when a buyer’s underwriter raises a requirement. We have issued owner’s and lender’s policies on residential and commercial purchases throughout Broward County.
The Attorney Who Reviews Our Title Files
Brandon F. Loshak founded Loshak Law PLLC and practices in real estate, land use, and business transactions. That mix matters on acreage, where the title question and the zoning question usually arrive together. Mr. Loshak is admitted in Florida and Texas and holds an AV Preeminent rating from Martindale-Hubbell. He also earned his J.D. at St. Thomas University School of Law.
Understanding Title Insurance Cases
What the Survey Exception Means for Your Policy
Every title policy contains a survey exception. Without a current survey, the insurer will not cover encroachments, boundary disputes, or anything else an accurate survey would have shown. On a subdivision lot that risk is small. On five acres with a barn, a paddock, and fifty years of fence lines, it is the whole question.
Order the survey and the picture changes. The underwriter can remove or narrow the exception, which brings the encroachment inside the coverage the owner’s policy provides. The survey also tells the buyer something the record never will, which is whether the land the seller is selling matches the land the buyer walked. Which endorsements an underwriter will issue depends on what that survey shows.
What Are Important Aspects of a Title Insurance Case?
Five issues account for most of the title work we do on Davie property.
- Encroachments. A structure over the line is a defect, not a quirk. The fix is a survey, an agreement with the neighbor, or an endorsement.
- Unrecorded interests. A path the neighbors have used for years may create rights that no search will find.
- District easements. Drainage and canal easements sit in the record and restrict building near the bank.
- Heirs. Any missing signature in a family transfer can cloud title for the next buyer.
- Old reservations. Deeds from an earlier era sometimes reserved mineral or drainage rights that still appear as exceptions.
What Should You Bring to Your Title Insurance Consultation?
Bring the paperwork you have, even if it is old. The more history you can show us, the less we have to reconstruct from the public record.
- The purchase contract or the deed you received
- Any survey, including one from a previous owner
- The prior title policy, if the seller has it
- Correspondence about fences, driveways, or easements with neighbors
- Probate or trust documents, when a prior owner has died
After we read those materials, we will tell you what the underwriter still needs and who has to produce it.
What Is The Title Insurance Case Timeline?
Title work starts when both sides sign the contract and finishes after recording. The middle steps decide whether the closing date holds.
- We order the search and review the chain of title.
- The underwriter issues the commitment with its requirements and exceptions.
- The buyer orders the survey, and we compare it to the description and the easements.
- We clear requirements: payoffs, releases, corrective deeds, and estate documents.
- The parties close, and the county records the deed and mortgage.
- If the file needs a corrective deed, we obtain signatures from prior owners or their heirs.
- The final owner’s and lender’s policies issue afterward.
Davie Land Records and Title Resources
Two of these resources concern water and one concerns flood risk, which is where acreage title questions in Davie usually lead.
- Drainage districts: The South Florida Water Management District lists the special drainage districts operating in Broward County, including those with canal easements near Davie.
- Flood zone lookup: FEMA’s map service shows the flood zone for a parcel, which affects insurance and, on some lots, where an owner may build.
- Entity and trust records: The Florida Division of Corporations confirms whether a company that holds or is buying title is active and who may sign.
Reach Out to Loshak Law PLLC to Schedule a Consultation
Send us the commitment and the survey together, and we will tell you what the policy leaves out. If you are still under contract, there is time to fix most of what we find. Loshak Law PLLC represents buyers, sellers, and lenders throughout Broward County. Contact us to schedule a consultation with our Davie title insurance lawyer.