Title objections related to plats can stall a real estate transaction if not handled carefully. In Florida, understanding the platting process and knowing how to resolve objections is key to clearing title issues and closing deals smoothly. In this blog post, we'll explore what title objections to plats are and how to address them.
What Is a Plat in Real Estate?
A plat is a map that subdivides land, showing property boundaries, roads, easements, and public areas. Plats are recorded with the county and become part of the public record, serving as a legal description of the land.
Plats are crucial for defining lot lines and public rights, but they can also introduce exceptions to title insurance coverage — which sometimes trigger objections from lenders or buyers.
Common Title Objections to Plats
The most frequent objections arise from the broad language used in title policies, which may reference "all matters contained in the plat" without specifying details. This can cause concern for lenders or buyers who want to know exactly what encumbrances or restrictions exist.
Specific issues that might cause objections include:
- Easements and rights-of-way that affect the property's use
- Setback violations or encroachments
- Reversionary interests that could revert land to a previous owner
- Overlapping plats from replatting, where old restrictions carry over
Resolving Plat-Related Title Objections
To clear a plat-related title objection, attorneys and title agents typically perform a detailed plat review, carefully examining the dedication, notes, easements, and legal descriptions. This helps narrow the title exception to only what's relevant to the property, rather than leaving a vague blanket exception.
In some cases, endorsements like the ALTA 9 series can offer coverage against certain risks, such as forced removal of improvements due to setback violations.
If a plat is illegible or contains unclear provisions, working with a title underwriter or real estate attorney is essential to determine whether the exception can be deleted or refined.
Why Legal Expertise Is Essential
Title objections to plats can be nuanced, and resolving them often requires legal interpretation and negotiation with underwriters or opposing parties. Missing or mishandling a plat issue could delay or even derail a transaction, costing property owners time and money. At Ayala Law, we help buyers, sellers, developers, and brokers navigate title issues, handle objections, and secure clean title for their real estate deals.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
